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[comments-wipo] Support for sunrise, not filtering
Tthe current thinking of the registrars, to "back the creation of a Famous
Marks list by a qualified administrative panel such as WIPO, provided that
such list is only used in connection with a voluntary sunrise period and
NOT in connection with any filtering mechanism", is the best way forward.
Famous marks have some precedent in international law, but not nearly
enough to justify filtering them out of new gTLDs.
International law is not very clear, and WIPO is an advisory group and not
forum for legal jurisprudence. The list provided by them should not be
taken as definitive or judicial. The best way to balance the desire for
remediation of some of the possible damage of new gTLDs to trademark owners
and the desire for gTLDs to thrive is to give the WIPO-based list of owners
a short period (maybe two weeks) to register their famous marks first.
It should be noted that famous mark owners should not be able to register
names that are non-confusing. To use a recent example, it would be
completely wrong to let Nike register "nike-sucks.newgtld" in the sunrise
period. They should only be able to register their own name and ones that
are likely to be considered confusing.