[wg-b] famous names

[James Love <love@cptech.org>]

I would like to see if I understand the positions of the people
concerned with "famous" type trademarks.  

Is the proposal to:

 a.  Have WIPO create a list, of indeterminate size, of "famous" marks.

 b.  Give trademark owners the first right to buy (or block) the use of
the famous name is all new TLDs (or all new non-commercial TLDs)? 


Here are a few comments:

1.  Last year the USPTO apparently issued 87,774 trademark
registrations, including 3,445 for Mattel, a single company.  Just how
big of a list are we talking about?

2.  Is the proposal to cover any use of the name, or some uses.  For
example, would aolsucks.networks or betterthanaol.networks, be covered
because aol "owns" aol, or would only aol.networks be covered?

3.  Would Ford Motor Company, which is famous, have the rights to
ford.modeling?  Would McDonalds, have the rights to mcdonalds.books,
mcdonalds.vacations, mcdonalds,travel, mcdonalds.lawyers, etc?

4.  Is there any legal basis for this, in any country, let alone in
every country?

  Jamie

http://www.uspto.gov/web/offices/com/speeches/00-18.htm

    PTO

 1999 Trademark Statistics Announced
                
In fiscal year 1999, the U.S. Patent and Trademark Office (PTO) issued
87,774 trademark registrations. U.S. domestic entities received 87% of
all U.S. trademark
registrations issued in fiscal year 1999 (FY 1999). Thirteen percent of
FY 1999 U.S. trademark registrations were issued to entities of other
countries. Of these
non-domestic entities, Canada (2,052), Germany (1,393) and Japan (1,034)
received the highest number of trademark registrations. 

"Trademarks are the fingerprints of commerce. In this era of innovative
commercial creativity, registered trademarks will become one of the most
important assets of
companies and individuals who want to compete in the global
marketplace," observed Anne Chasser, Assistant Commissioner for
Trademarks. 

Of U.S. domestic registrants, Mattel, Inc. filed 5,501 trademark
applications and received 3,445 trademark registrations, which were the
highest number of trademarks
filed and issued to a single entity in FY 1999. Of those applications,
Mattel, Inc. filed 476 of them using the online trademark filing system,
e-TEAS, available at the PTO web site (http://www.uspto.gov), making
Mattel, Inc. also the top filer of electronic applications. 

With Mattel, Inc. leading the list, the top ten recipients of trademark
registrations in FY 1999 were: 

Mattel, Inc. 3,445

Avon Products, Inc. 1,180

Johnson & Johnson 1,486

General Mills, Inc. 1,298

Minnesota Mining and Manufacturing Company 1,270

Ralston Purina Company 1,218

American Greetings Corporation 1,196

American Home Products Corporation 1,108

E.I. Du Pont De Nemours and Company 1,084

Clairol Incorporated 1,072

                                                    # # # 



=======================================================
James Love, Director           | http://www.cptech.org
Consumer Project on Technology | mailto:love@cptech.org 
P.O. Box 19367                 | voice: 1.202.387.8030
Washington, DC 20036           | fax:   1.202.234.5176
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