Re: [wg-b] FORMAL BALLOT No. 1

[Mark R Measday <measday@josmarian.ch>]

Michael,

Either you are being mischievious or disingenuous with the binary logic of your
questions. They do not cover the full range of possibilities equally or fairly.
Suppose an IP-holder and famous mark wished to have the WIPO suggestions grosso
modo implemented by ICANN. (This is not a far-fetched possibility for non-US
famous marks). This is not A, as the process is by and large determined, this is
not B, unless you understand WIPO to be implemented law, C or D. I feel you
should include another option which recognises that it is ICANN's role to work
with other responsible institutions to effect a reasonably compromised solution
taking account of existing conventions such as TRIPS and Paris, but extending
them to the new IP areas. It is not an either/or in a multilateral problem.

I hoipe I am not being too ingenuous.


MM

"Michael D. Palage" wrote:

> Voting is scheduled to end on Monday midnight EST.
> Please do _not_ edit the ballot beyond indicating your choice with an X in
> between the appropriate brackets "[]".
> QUESTION #1
> [Please identify the constituency group, if any, that you are representing]
> [] ccTLD Constituency
> [] gTLD Constituency
> [] Registrars Constituency
> [] Intellectual Property Constituency
> [] Commercial and Business Entities Constituency
> [] ISPs and Connectivity Providers
> [] Non-commercial Domain Name Holder Constituency
> [] I do not represent any Domain Name Supporting Organization, I am
> participating in an individual capacity
>
> QUESTION #2
> [Please identify your region of citizenship (not residence)]
> [] North America
> [] Asia/Australia/Pacific
> [] Europe
> [] Latin and S. America
> [] Latin America/Caribbean Islands
> [] Africa
>
> QUESTION #3
> [Please select ONE of the options listed below]
> [] Option A - Some type of mechanism, yet to be determined, is necessary in
> connection with famous trademarks and the operation of the Domain Name
> System.
> [] Option B - ICANN should not implement any mechanism for the protection of
> famous marks, because other mechanisms are adequate
> [] Option C - ICANN should not implement any mechanism for the protection of
> famous marks, because it exceeds the scope of ICANN's authority
> [] Option D - Both Option B & C
> [] Option E - I choose to abstain from the voting process at this time
>
> COMMENTS IN CONNECTION WITH QUESTION #3:
> (Comments should be limited to 1 or 2 paragraphs)
>
> END OF BALLOT
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