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

[Milton Mueller <mueller@syr.edu>]

Martin B. Schwimmer wrote:

> So Wendy, the owner of wendyszine.web gets a notice that the owners of
> WENDY'S gets an email describing the scope of WENDY'S rights.  Describe the
> irreparable harm that occurs.

No need to prove any harm. The trademark owner has to prove that the *absence* of
notification leads to irreparable harm. In addition, s/he must prove that there
is some justification for imposing policing costs upon registries rather than the
trademark owner.

You do tend to avoid the cost argument. I think it moots the whole issue,
frankly. If TM owners are willing to pay for notifications, they will get them.
If they are not they shouldn't have them. It's not an issue for ICANN.--
m i l t o n   m u e l l e r // m u e l l e r @ s y r . e d u
syracuse university          http://istweb.syr.edu/~mueller/