Re: [wg-b] RESPONSE to submission from noncommercial community

[Milton Mueller <mueller@syr.edu>]

Philip Sheppard wrote:

> Our task is to think of the consumer-friendly world of the future which
> simultaneously allows the car-buying user to find VW and not be irritated
> that it is instead Virtual Works and allows Virtual Works, if they choose
> for legitimate consumer marketing reasons to be known as VW, to not be
> confused with VW cars.

Philip:The NCDNHC submission addressed exactly this question. We proposed a new
TLD for famous mark owners. The new TLD could be administered by WIPO or some
other agency or consortium of agencies with a legitimate ability to define
famous marks on a global basis. Consumers would quickly learn that famous domain
names would be found there. Confusion would be minimized (it will never be
eliminated, of course--there will always be a need for case-specific challenges
and litigation).

> Mikki Barry wants to defend the right of free speech by Internet users who
> want to complain about a famous name.  Great, over to WG C, lets have
> .grudge. Or .consumer watch - lets have this useful function of the Internet
> in an honest and open way.

Doesn't the same logic apply to famous mark holders?
Yes, let's have .grudge, but let's also have .fame (or whatever string you think
appropriate) for the famous mark holders. If a famous mark appears in other
contexts that are confusing to consumers we already have the UDRP and national
laws to address it.