[comments-wgb] Support to "very limited" sunrise period.

[Raul Echeberria <raul@inia.org.uy>]

In the Cairo meeting, all of present saw how controversial is the creation
of a list of famous marks.
In the report of WG-B there are two important agreements in this matter.


1.  "There does not appear to be the need for the creation of a universally 
famous marks list at this point in time."

2.  "There appears to be a consensus that protection afforded to trademark 
owners will depend upon the type of top level domain. Comments:  This 
consensus item is based upon the recognition that a sunrise program is 
probably not suitable for every new top-level domain, especial certain 
non-commercial domains...."


As a non commercial member and a person from a non-developed region, I
support those agreement which don't propose the creation of a unique and
universal list to protect famous marks in all gTLDs.

Some WG-B members have agreed in considering a SUNRISE period to allow
trademarks owners register a limited number of variatios of their marks.

In spite of the fact that my original thougth was that special trademark
protectios were not needed, I support this proposal as a probably good
compromise, but i support it WITH some important objections.

1) 20 variations of the marks seem a very large number. I support the
Registrar proposal about allow only 5 variations.
2) It should not be applied in: non commercial gTLDs and chartered gTLDs.
3) It should be applied only in the first set of new gTLD during the
testbed period. We can not imagine at this time all the possibles uses of
the new gTLDs when they will explode (hundreds of new gTLDs).
4) The participation in the sunrise period shuld be by the initiative of
the trademark owner and each register should have an special and no cheap
cost.

but I have some important concerns that I expect to be considered by the NC
and the ICANN board.


1) what prevent trademarks owner to register more than the number of
variation established ?

2) what solve the possible conflicts among trademarks owners with similar
or the same mark. What happen if National as a manufacturer wants to
protect its mark but National Geographic wants to protect the word National
as one of the possible variations of its mark. It is only an example and
surely is not the best, but a lot of similar conflicts could appear. 

3) how to select which trademarks owners could participate in this Sunrise
period ?


I believe that this concerns should be addressed before to approbe any
special protection system.




===================================================================
III Taller sobre Tecnologias de Redes e Internet
para America Latina y el Caribe
WALC2000

10 al 15 de Julio de 2000
Ciudad de Mexico

http://www.walc2000.unam.mx

Nos vemos en Mexico.
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