Re: [wg-b] wg-b

["John Berryhill Ph.D. J.D." <john@johnberryhill.com>]

----- Original Message -----

> 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)?

That's fine with me.  I will get together a list of several hundred marks
registered by my firm, and you will put them on the list for me?

Since WIPO has no authority in the trademark field, I'm curious to know how
their guidelines became "standard" but I assure you that every single one of
the marks I will send to you meets their criteria which are:

" (a) degree of knowledge or recognition of the mark in the relevant sector
of  the public;"

Yes, all of my clients' marks are known and recognized to some degree.

"(b) duration, extent and geographical area of any use of the mark; "

Yes, all of my clients' marks have endured use in a geographical area.

"(c) duration, extent and geographical area of any promotion of the mark; "

Yes, all of my clients' marks have endured promotion in a geographical area.

"(d) duration and geographical area of any registrations of the mark;"

Yes, all of my clients' marks have endured registration in a geographical
area.

"(e) the record of successful enforcement of the rights in the mark;"

There have been no unsuccessful enforcements of the marks on my list.

" (f) value associated with the mark;"

Yes, all of my clients' marks have value.

" and (g) evidence of registration of domain names that are the same or
misleadingly similar to the mark."

Well, obviously if the point is to generate a list to exclude such
registrations, then we expect there to be none.

> 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 said that if anyone makes and implements such a list for domain name
exclusion, and any of my clients' marks are not on the list, then I will sue
the people responsible for the list for having omitted such marks in the
event that a single offending domain name is registered.

 >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..

How will the list protect registrars from such things happening?

> 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.

Okay, let's start with the A's.  Apple is obviously a famous mark.  It
certainly meets all of the criteria set forth by WIPO - well-recognized,
lots of registrations, lots of value and promotion, et cetera.   So, nobody
ought to be able to register any kind of domain name with the letters
"apple" in it, or that sound like it,  right?

So, in the interest of moving ahead, start the list with

apple
aple
apl
appel
appell
a-pple
a-p-p-l-e
app-le
ap-ple
appl-e
appl
aplle
a-p-ell
appppppple
apppppppple
aplllle
apppppellll
appllle

............join in any time, folks, we have a lot of work to do....