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

["Martin B. Schwimmer" <martys@interport.net>]

At 09:32 AM 9/7/99 -0700, you 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.

Well - that's a good point.  Perhaps the fame claim notification could
indicate that it was computer-generated, so when smupets.com get the
automatic notice, they think to themselves: "no big deal."  


>
>and i worry about the legitimate and small user receiving a chilling letter
>which may not be justified.

See above comment.  the fame claim notice would be automatic and perhaps
should have language that it is NOT a legal demand, which could be sent
only by a representative of the Fame Claimant.  

There has been some discussion on other lists that there should be
registration FAQs for registrants - and this obviously would be appropriate
material for such a FAQ.

>
>randy
>
>

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