Re: [wg-b] food for thought

[Milton Mueller <mueller@syr.edu>]

This discussion is proceeding as if the alternative to famous marks
exclusions is pure court litigation. That is not correct.

We cannot lose sight of the fact that a Uniform Dispute Resolution Policy,
which ICANN is in the process of adopting, will give famous mark holders the
following:

a) accurate and complete contact info of all registrants
b) right to identify and challenge any registration that is identical to or
"confusingly" similar to their mark in a process that is much less expensive
and faster than the courts.

I don't see what exclusion adds to that process, except additional expense,
bureaucracy, and opportunities for abuse of domain name holders.

Roeland M.J. Meyer wrote:

> Famous marks, because they are famous, also have the wherewithall to
> defend their marks. Start-up enterprises do not have this, but they also
> do not yet have a mark, or brand, to defend yet.

--
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/