Re: [wg-b] famous names

["Philip Sheppard" <philip.sheppard@aim.be>]

The questions raised on this WG regarding the link between famous trademarks
and charter gTLDs is an interesting one. I detect a sense of unfairness in
the idea that a famous mark would be given priority for each and every new
gTLD commercial or non-commercial. I hear concern that if a famous mark
could be any trademark then thousands of domains will be scooped up.

These concerns are valid but unrealistic. The proposal from the IPC for a
list of famous names is describing a list of globally famous trademarks -
i.e. known to consumers in London, Rio, New York and Sydney perhaps. Such
marks are few and far between - the list would be modest in length.

However, list or no list, the issue of trademarks and charter gTLDs is of
more interest. Linking trademarks to charters is an on-line parallel to how
trademarks operate in the real world. TMs have classes of goods which allow
co-existence. Lotus for software and Lotus for cars are happy in the
off-line world. Thus Lotus.auto and Lotus.software should co-exist happily
on-line from different owners. Equally, a non-comm site on flowers should be
able to register and defend Lotus.flowers.

But, the moment we believe that creating a poor imitation of dotcom such as
dotbiz is a good idea then Lotus Lotus and Lotus will all clash. The
solution to future name disputes is charter domains.

Philip.