[ga-full] NCDNHC proposed resolution on famous names and new TLDs

[Jeff Williams <jwkckid1@ix.netcom.com>]

Allo assembly members,

  From the Noncom list for you info...

==========================

Subject:
            Re: NCDNHC proposed resolution on famous names and new TLDs
       Date:
            Tue, 28 Mar 2000 19:29:53 -0800
      From:
            Kent Crispin <kent@songbird.com>
        To:
            NCDNHC-Discuss@lyris.isoc.org
 References:
            1 , 2 , 3 , 4




On Tue, Mar 28, 2000 at 08:24:53PM -0500, James Love wrote:
> I think Kent Crispin's "so what" question is a fair one.  In Cairo, I
> tried to get a sense of what names would be included on such a list.
At
> first, the trademark lawyers were using numbers like "200," which did
> seem to be a cheap price to pay for expanded TLD space.
>
> Then, the number kept growing, until one guy came in and used the
number
> 50,000.

Bear in mind the following:

1) There are millions of names in .com.  Even with 50000 names marked
out,
adding 6 new gTLDs is an *enormous* expansion of the domain space.

2) Far more important than the particular number is the set of criteria
for admission in the list.  If there are indeed 50000 legitimate "famous

marks" by some defensible definition, then 50000 is a true measure of
the scope of the problem.  (The IAHC challenge panel guidelines had
objective criteria for famous marks -- "formally registered as a mark in

more than 75 countries", for example.)

3) The list, as I understand it, is for the dominant (except in wg-c)
definition of "gTLD"s -- that is, TLDs that allow open registration to
all, without any enforced policies on registration.  TLDs that had real
charters would be in a different category -- for example, a TLD (say,
nom) that had a registration requirement that the SLD name had to be a
legal name for the individual registering the SLD could be exempt from
the exclusion list (so macdonald.nom could really go to someone name
macdonald).


>  I think this is a practical and serious issue.  How big would
> the list be?  There is also an issue of the type of protection Pesi
> would get.  Would Pesi get protection from popesitdown.com or
> pesivcoke.comparison?

You mean "pepsi", I believe.  As far as I know, the exclusion list is
for exact string matches.

> And, if the world wants to set a global trademark policy, why doesn't
> the world do this through its existing international institutions like

> WIPO or WTO?   Why does ICANN, hardly a representative or accountable
> group, become a policy maker in this area?

Because domain names bring the problem to the surface, and there is no
other body in the correct place to do anything in anything like the
"internet" time scale.

--
Kent Crispin                               "Do good, and you'll be
kent@songbird.com                           lonesome." -- Mark Twain

Regards,

--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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