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[Comment-Ip] Standard for being a famous mark (was Re: Comments on WIPO report sought)
At 09:03 AM 5/7/99 , Martin B. Schwimmer wrote:
>Without commenting on the proposed 'exclusionary" practice itself, I note
>that Mr. Oppedahl impliedly misstates the standard for being a famous mark.
> It is not "coined and unique." Non-coined marks which are famous include
>JOHNNIE WALKER, CADILLAC and NIKE.
>Demonstrably unique (or more to the point, demonstrably famous) is a
>different concept from "coined and unique" and should not be confused.
No, I have misstated nothing. It seems you are conflating several quite
distinct questions. One question is:
A. What standard does WIPO propose as the criterion for the honor of being
added to the exclusion List?
B. What additional requirement does Carl Oppedahl propose limiting
eligibility for addition to the exclusion List?
C. What are the dictionary meanings of "famous" and "well-known"?
D. What is the definition of "famous" under the US Federal Trademark
Mr. Schwimmer seems to be proposing discussions as to C, or D, or perhaps
A. I was doing nothing more than expressing my view as to B. They are not
the same questions at all.