Re: [council] RE: Additional note on Cairo study session ==> famoustrademark protection

[Jonathan Cohen <jcohen@shapirocohen.com>]

E  A review of the trade mark law of 'which country'? even the principles differ
from system to system. One of the factors in the length and heat of the debate is
that it has (understandably)focussed on the law in the U.S. and has drawn into the
discussion strongly held views of various ''factions'' again primarily (though not
exclusively e.g. privacy issues)in the U.S.Most of the Case law referred to and the
underlying constitutional issues have been American.It is obvious why this has been
the case and there is nothing nefarious about it BUT it should be understood as a
fact and it's ramifications must also be discussed.As the original Chairperson of
WRKNG GRP  "B" I set as a goal as diverse a group to discuss the issues as
possible.....very few participants appeared particularly from non-english parts of
the globe.
As to a discussion of the issues in W.G. "B" and a general overview of Trade Mark
law     I would be pleased to meet with my fellow Board Members together or
individually if my experience in this field would be useful
regards
Jonathan








sther Dyson wrote:

> Thanks!  Let's do a similar matrix for WG-C - with cross-references if possible.
>
> Esther
>
> At 10:55 am 01/09/2000 -0500, Michael D. Palage wrote:
> >I believe the best way to educate the Board, NC & audience on the subject
> >matter of Working Group B is as follows. A 30 minute power point
> >presentation, providing a brief 5 minute overview of trademark law and 25
> >minutes discussing the hot button topics and where the different factions
> >within Working Group B stand.
> >
> >The 5 minute overview of trademark law is important because I personally
> >believe that Working Group B's policies and procedures are likely to be
> >challenged in a court of law and therefore must be scrutinized to withstand
> >judicial review. The issues will be presented sequentially with a matrix
> >identifying where each position paper, group or constituency stands on that
> >issue. I envision this entire matrix being reduced to a single two or three
> >page handout (cheat sheet) for each NC or Board member to have as a
> >reference resource.
> >
> >There is a symbiotic relationship between Working Group B and C and I
> >believe it is best to address these issues collectively. Addressing these
> >issues individually will only further delay the end result that many are
> >striving for "the controlled responsible growth of the name space."
> >
> >On a side note. I have been in discussion with Eric Menge from the Small
> >Business Administration - Office of Advocacy. Last week they held a
> >roundtable discussion on Working Group C's report. I participated via
> >telephone conference and believe that it was beneficial in crystallizing the
> >points of controversy. Eric plans to have a similar roundtable discussion on
> >Working Group B's work prior to Cairo to further illicit public comment.
> >
> >-----Original Message-----
> >From:  Andrew McLaughlin [mailto:mclaughlin@pobox.com]
> >Sent:  Saturday, January 08, 2000 2:32 PM
> >To:    council@dnso.org; Jonathan Weinberg; Michael Palage
> >Cc:    Esther Dyson; Mike Roberts
> >Subject:       Additional note on Cairo study session ==> famous trademark
> >protection
> >
> >To the Names Council:
> >
> >Michael Palage notes that WG-B expects to have its report posted for public
> >comment prior to the Cairo meetings.  Accordingly, I think that it makes
> >sense to include famous trademark protection as an element of the Board's
> >study session on March 9.
> >
> >Perhaps Michael can suggest how we might structure a set of presentations to
> >help educate the Board, NC, and audience with respect to the issues before
> >WG-B.  Time considerations will be important, of course, so perhaps it makes
> >sense to think of presenters who can present a range of positions, and not
> >just advocates for a single particular point of view.
> >
> >--Andrew
> >
> >
>
> Esther Dyson                    Always make new mistakes!
> chairman, EDventure Holdings
> chairman, Internet Corp. for Assigned Names & Numbers
> edyson@edventure.com
> 1 (212) 924-8800    --  1 (212) 924-0240 fax
> 104 Fifth Avenue (between 15th and 16th Streets; 20th floor)
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> http://www.edventure.com                    http://www.icann.org
>
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--
Shapiro Cohen
Group of Intellectual Property Practices
Ottawa, Canada

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