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Username: Dennis
Date/Time: Tue, July 4, 2000 at 7:42 PM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows NT 5.0
Score: 5
Subject: Question 46:   Should there be Famous Marks protection?

Message:
 

        The Paris Convention and the TRIPPS Agreement demonstrate a nascent, global consensus regarding the special needs of Famous Marks.  They do not, however, define what is "famous" or require signatory countries to define or adhere to standards for maintaining lists of Famous Marks.  If ICANN were to fill this void for domain names it would be writing new international law.  That task belongs with governments -- not ICANN.

To the extent that ICANN might piggyback on international agreements by according famous name status (across all TLD's) to trademarks that signatory countries add to their Famous Marks list, then ICANN would be demonstrating (beautifully) its prowess as a coordinating (not a lawmaking) body.  This was the essence of the Alvestrand proposal from Working Group B.


     

Dennis Schaefer
Marblehead MA USA


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