Re: [wg-b] Sunrise paper

[Ellen Rony <erony@marin.k12.ca.us>]

Mr. Sheppard:

With all due respect, Working Group B was originally tasked by a
Provisional Names Council in June 1999 to review the  WIPO proposal
concerning famous marks

The "latest version of the sunrise proposal", by which I presume you mean
the IPC recommendation submitted almost on deadline, represents an
extrusion of the discussion from famous marks to trademarks of all stripes.
It most likely is a strawman proposal, ridiculous on its face, as it would
immediately provide for potential exclusion of 20 million for U.S.
trademarks alone.  The Internet is not solely the trademark community's
sandbox.

I hope that both the Names Council and ICANN have the intelligence to see
through this ploy, which appears to be a strategic effort to acquire favor
for a fall back position (exclusion of only famous marks).

Both approaches have long term issues and implications that have not been
explored or addressed.  Neither convinces a vocal percentage of WG-B that
such exclusions are necessary, legal in the world court, proportionate with
other uses for domain names, or representative of any well-aired dicussion
among the members of this group.




Philip Sheppard wrote:

>Michael is right when he explains the time line for the WG B report.
>
>The latest version of the sunrise proposal is indeed an adaptation of
>earlier proposals that got a very good airing in Cairo and since. It is
>right that WG B should be the conduit to pass this to the NC NOW (with
>appropriate riders as to its genesis and status within WG B). To officially
>keep the NC in the dark seems a bit daft.
>
>It is moreover a concrete proposal of the sort the WG B should be working
>towards.
>It is great for the NC or the ICANN Board to be made aware of the global
>diversity of opinion but that does not exactly help in doing anything.
>
>It would seem to be a very useful task now for WG B to debate the paper
>fully and produce a opinion on the sunrise paper BEFORE the Japan meeting.
>
>Philip.
>
>Philip Sheppard
>WG B co-NC Liaison
>Names Council
>AIM - European Brands Association
>9  av. des Gaulois  B-1040 Brussels
>Tel +322 736 0305 Fax +322 734 6702


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Ellen Rony                    //          http://www.domainhandbook.com
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