[gnso-rpm-wg] FW: Updated TMCH Charter Questions tabulated categories document - 2 December 2016

Paul Keating Paul at law.es
Tue Dec 13 11:58:44 UTC 2016


I agree with you that a great many people (not simply domaines) have that
confusion.  However, I didn’t thing that is not really what we are talking
about with the question.

I have enjoyed Levine’s articles although hey seem bit simplistic
regarding the issues and have not, as I have yet seen, touched on the real
problematic issues in the UDRP.

On 12/13/16, 10:41 AM, "Beckham, Brian" <brian.beckham at wipo.int> wrote:

>Paul, all,
>A timely post on CircleID speaks to (intentional) confusion on the
>"generic"/dictionary dichotomy:
>In that post, Mr. Levine notes:
>"There's continuing confusion among domain buyers (not likely to be
>professional investors) that dictionary words are 'generic' therefore
>available to the first to register them. That's not the case at all.
>There are numerous trademarks composed of common words; weak perhaps, and
>vulnerable when combined with other common words but nevertheless
>protectable with sufficient proof of bad faith."
>-----Original Message-----
>From: gnso-rpm-wg-bounces at icann.org
>[mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Paul Keating
>Sent: Monday, December 12, 2016 10:24 PM
>To: J. Scott Evans; George Kirikos; gnso-rpm-wg at icann.org
>Subject: Re: [gnso-rpm-wg] FW: Updated TMCH Charter Questions tabulated
>categories document - 2 December 2016
>But it does show that it is not so much rocket science.
>On 12/12/16, 10:11 PM, "J. Scott Evans" <gnso-rpm-wg-bounces at icann.org on
>behalf of jsevans at adobe.com> wrote:
>>That don¹t make it right.
>>J. Scott Evans | Associate General Counsel - Trademarks, Copyright,
>>Domains & Marketing | Adobe
>>345 Park Avenue
>>San Jose, CA 95110
>>408.536.5336 (tel), 408.709.6162 (cell) jsevans at adobe.com www.adobe.com
>>On 12/12/16, 10:04 AM, "gnso-rpm-wg-bounces at icann.org on behalf of George
>>Kirikos" <gnso-rpm-wg-bounces at icann.org on behalf of icann at leap.com>
>>>FYI, re: "generic", both the .uk and the .nz dispute policies
>>>reference "generic" domain names, see:
>>>"8.1.2 The Domain Name is generic or descriptive and the Respondent is
>>>making fair use of it;"
>>>.nz: https://www.dnc.org.nz/resource-library/policies/65
>>>"Generic Term means a word or phrase that is a common name in general
>>>public use for a product, service, profession, place or thing. For
>>>example: toy; shop; cleaner; lawyers; Wellington; sparkling-wine"
>>>"6.1.2. The Domain Name is generic or descriptive and the Respondent
>>>is making fair use of it in a way which is consistent with its generic
>>>or descriptive character;"
>>>George Kirikos
>>>gnso-rpm-wg mailing list
>>>gnso-rpm-wg at icann.org
>>gnso-rpm-wg mailing list
>>gnso-rpm-wg at icann.org
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