Re: [wg-b] Famous marks -- country-by-country survey, and questions

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

At 14:50 21.10.99 -0400, Attyross@aol.com wrote:

>Queries to the Group:
>   - Are these laws consistent?

Even if the laws are consistent, the rulings in each individual case is
likely to be different from country to country - see the recently reported
case where Nike cannot sell sportswear under the name "Nike" in Spain.

>   - Does the presence of so many laws mean that we don't need further
>            "protection" or considerations for domain names?  -- OR --
>   - Does the lack of protection in a lot of countries mean that we DO? -- OR
>--
>   - Does the presence of so many (possibly different) laws indicate that
>            we should have at least some type of uniform system (even
>extra-legal)
>            for handling domain names in some way in the international 
> context?

OR - does the presence of so many possibly conflicting laws mean that ICANN 
should stay out of the area until it's better worked out?

>   - If we think "famous" or "well-known" marks should be handled only by
>            trademark LAW and not by private or quasi-private domain name
>policies,
>            does this mean we are disagreeing with the White Paper,

dunno

>  the ICANN
>            Board Resolutions,

No - they asked us to "consider" it.

>NSI's domain name dispute policy

No - that one is concerned with trademarks, not famous marks.

>  and the
>            proposed uniform domain name dispute policy?

No - the proposed UDRP does not make reference to special protection 
mechanisms for famous marks. The famousness of a mark will of course be an 
argument in cases brought before the UDRP (if it happens).

>   (This last point
>            has not been researched, but a keyword search on all of these
>            documents came up with hits either on "famous" or "commonly
>known".)
>            (Or are these terms not the same?)
>   - If a uniform "famous" domain name policy is needed, can it be 
> implemented?

I don't know.

>   - Am I even asking the right questions?  Other implications?

Yes, I think so. And yes, there are other implications - particularly for
people using a word that is claimed to be a famous mark in a non-infringing 
context.

                    Harald

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