Re: [wg-b] wg-b

["eileen kent" <eileen_kent@ameritech.net>]

Can companies and organizations request that their names be included in the
list? If a company which believes itself to be famous finds that it is not
on the list, to whom does it appeal this decision? On what is the decision
based? Michael Palage talked about a
combination of objective and subjective. How can you form a list if there
has been no determination of the objective requirements? Or can you? Or did
you? We have never managed to define fame. I've heard various suggestions
but no "consensus" (that I can ascertain) regarding the various benchmarks,
never mind fame itself. I have yet to see a list that WIPO has composed and
no matter what anyone thinks about WIPO as an organization, it would be hard
to deny that they are more appropriate than this working group to stipulate
who's on the list. As foreshadowed by the post from Mr. Berryhill, the
creation of the list will generate an incredible number of lawsuits. I
thought that at least a peripheral goal of trying to give famous names
special consideration was to relieve overburdened legal systems.

And once the fame list is created what does it do for those on the list? It
essentially forces them to buy domain names during a sunrise period in the
new gtld. So they are able to protect their marks as circumscribed by the
rules and regs. After the sunrise period-- or for that matter, during the
sunrise period--all other incidences of the mark (read "string") can be
registered. Just exactly where does this get anyone? I don't believe that
this is enough of an advantage to the companies in question (famous names)
to warrant the consequences i.e., years of lawsuits over who is or is not on
the list.

But I am nothing if not pragmatic. Mr. Berryhill wants to make sure his
clients are on the list. Me too!

Is this what the I.P. constituency really wants?



----- Original Message -----
From: "Mark Measday" <measday@josmarian.ch>
To: "Harald Tveit Alvestrand" <Harald@alvestrand.no>
Cc: <wg-b@dnso.org>
Sent: Tuesday, April 04, 2000 3:41 PM
Subject: Re: [wg-b] wg-b


Harald

Harald Tveit Alvestrand a écrit :

> I'll be happy to provide a mailing list, if that's required.

Yes, please

>
> There was no original WIPO list - they too never got past the "platitudes"
> stage.

Exactly why an uncritical listing of possible FM's is needed at this stage.

>
> I'd suggest you sending a message to the people you want to have in on
> this, giving 2 attachments:
>
> - A list that you feel very certain is famous
> - A list that you feel could be considered for famousness

Yes, but my opinions are unimportant. What is important is what INTA and
their
friends would like.

>
> My greatest doubt is whether enough people would be willing to go out on
> a limb and commit to defending such a list.

No doubt. Which is why I suggest only additions to the list, whatever they
may
be. Defence is a later stage.

If you find setting up a list for this purpose impossible I quite
understand.
I ask because of your original inclusion in the WIPO working group.and
technical background. No inference is made to Elisabeth's recent post.

MM