Re: The Fame Claim List -was [wg-b] notification as compromise?

[Harald Tveit Alvestrand <Harald@alvestrand.no>]

At 09:32 07.09.99 -0700, Randy Bush wrote:
> > The primary advantage of immediate notification to the DN owner of the TM
> > owner's claim, is that it can make a more informed decision (and resolve a
> > dispute) before it has sunk money into the name.  The notification to the
> > TM owner is a secondary aspect to this - the cost of a cc on the email to
> > the DN registrant is minimal and there is a benefit but to me, putting the
> > DN registrant on notice is the primary rationale - and much more useful
> > than a passive whois (see Roeland Meyers' post), as it is evidence of
> > actual notice.
>
>from my layperson's view, this seems to make some sense.  but i wonder/worry
>about a few things.
>
>how will marks be automatically regognized and judged whether they are
>commercial and likely infringing?  e.g. smuppets.com, the southern methodist
>university pet owners club.
>
>and i worry about the legitimate and small user receiving a chilling letter
>which may not be justified.

In cases like tenNISSANdiego, I guess a trailer saying "this is a 
notification of notification only - discard if clearly harmless" might be 
enough.

If we recommend that the searching be left to private enterprise, this body 
has no power to coerce the form of letters or notifications, so we can only 
give advice and hope for the best.

                          Harald




--
Harald Tveit Alvestrand, Maxware, Norway
Harald.Alvestrand@maxware.no