Re: [wg-b] wg-b

[Mark Measday <measday@josmarian.ch>]

Eileen,

I was trying to suggest a methodology for generating a list, i.e. an inclusive
list of all who wish to be included. I have no view on list membership. However,
the standard guidelines available from WIPO, under existing trademark law,  and
listings available from national offices should suffice. Why don't we start with
your company(ies)?

I find it intriguing that Mr Berryhill find the act of making a list in itself
actionable. It is very likely that he knows more about this than I do. Perhaps
he could explain why.

I think if an intent can be ascertained, it would be to save the companies
concerned from the fate you allot to them. As I believe various members of wg-b
are doing precisely this, it seems a laudable pursuit to try and unite their
efforts. I may be entirely wrong, of course.

From the perspective of most of those members, not to mention registrars, it
would seem to be life-enhancing to have not only (however necessarily
incomplete, changeable, or subject to challenge) such a list, but to use it to
protect registrars from cyber-squatting, abusive registration etc..

There may be very good legal, economic or social reasons for not doing so, but I
am unaware of what they are. I haven't been able to follow this list with my
undivided attention recently.

MM

eileen kent wrote:

> 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

--



Mark Measday
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Josmarian SA measday@josmarian.ch/measday@ibm.net
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