browse comments: WIPO RFC-3

WIPO RFC-3
Italian Naming Authority (process@wipo2.wipo.int)
Mon, 8 Mar 1999 10:31:54 -0500

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From: the Italian Naming Authority
To: WIPO - Internet Domain Names Process.

Besides the comments we already expressed at the Brussels regional meeting on February 17th 1999, we would also express our comments about
Chapter 4 of the current draft report (sessions 202 - 245).

As a general comment, the Italian Naming Authority (briefly It-NA)
expressed a general concern about the principle of protecting "famous and well-known marks" as indicated in chapter 4. We believe that any kind of classification of a mark as "famous" or "well-known" will simply result is a nearly impossible to solve problem. i.e. possibly endless discussion to compile the "list" of famous marks. It can also happen that a well known mark belongs to more than one owner, and each one has the right to use it: in real life...

Ferrari

brand of famous sport cars?

brand of famous sparkling wine?

As such It-NA reccomends in general NOT to create the list of "famous"
and "well-known" marks, and NOT to protect them in any special way with
respoct to the other marks.

Specifically:

218: It-NA disagrees. It will create problems in establishing the list
of exclusions.

221: as above.

223: as above. The creation of the decision-makers will result in serious legal problems under many national legislations.

225: It-NA agrees on this reccommendation, but we hope it is simply not
useful as there is NOT a list of famous and well-known marks.

234: when the matter relates to "famous" or "well-known" marks, the
distinction between gTLDs and ccTLDs is very thin, often non esisting.
This reccommendation can introduce even worst conflict cases.

245: Under "it" ccTLD it is already in effect since 1996 the principle where anybody requesting a domain registration for a name self-declares his right to use that name, and accepts the cancellation of his registration if his declaration proves to be false.

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