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Re: [wg-c] Straw Vote, getting far afield from the original question.



At 21:03 16-08-99 -0400, Milton Mueller wrote:

>Indeed, calvin may already be illegal, if Calvin Klein
>hears about it.
>
>Would you like to retract or modify your statement?

Dear Milt:

I don't have my WIPO report here right now, but I think personal names were 
excluded from what would be called cybersquatting.

OTOH, I see that Senate Bill S1255 included the following:

Sec3, (B), (ii) "the extent to which the domain name consists of the *legal 
name* of the person or a name that is otherwise commonly used to identify 
that person;"

(Emphasis added)

I guess the Senate bill would permit another "Calvin Klein" to use his own 
name unless it was his intent (v) was to "...divert consumers from the mark 
owner's online location to a site accessible under the domain name that 
could *harm the goodwill* represented by the mark, either for commercial 
gain or with the intent to tarnish or disparage the mark, by creating a 
likelihood of confusion as to the source, sponsorship, affiliation, or 
endorsement of the site;"

I don't think your particular "Calvin" is likely to come afoul of such a rule.

"Hey, Culligan Man!"

BobC