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[wg-b] Points of agreement
It seems universally agreed that:
- Famous marks are not defined to the point where one can make a list of them.
Existence proof: The list doesn't exist.
- Exclusions have to be applied mechanically, or they would
a) increase the cost of registrations by requiring human judgment
b) unacceptably increase the liability of registrars/registries
- Exclusions of all instances of a famous mark as a substring in a domain
name will exclude names that a court would not uphold the exclusion of.
(existence point: tenNISSANdiego. Example point: i-hate-oreos)
If these 3 points are agreed, I think we're moving slightly forward.
Harald Tveit Alvestrand, EDB Maxware, Norway