[gnso-rpm-wg] TMCH review objectives

Mon Sep 26 14:02:35 UTC 2016

Volker

Granted that Is correct but that is the result of a marketing decision taken long ago by the trademark holder.  I'm not sure we should be considering global policies to counter the impact of that long ago decision. 

Sincerely,
Paul Keating, Esq.

> On Sep 26, 2016, at 10:50 AM, Volker Greimann <vgreimann at key-systems.net> wrote:
> 
> And even with this famous name, there is a wikipedia disambiguation page of over half a dozen other uses which may have something to do with this famous mark originally being the name of a Greek Goddess personifying victory. ;-)
> 
> Volker
> 
>> Am 23.09.2016 um 17:53 schrieb Paul Keating:
>> Steven,
>> 
>> With all due respect when will “protection” find its limits.  Just because the right to use something is high does not equate with a denial of rights.  Unless a domain name is subject to only one passible use (that of the brand owner) and no other uses, then it remains an asset of the registry to sell as it deems fit.  If the brand owner – who is only one of a number of users – is unable to afford the price, such is life.  AND when I say one possible use I really mean it.  The name would not only have to be coined but famous.  A coined term is one that was invented but history teaches that inventions are not unique.  They are often repeated.  A famous mark is one that transcends use and extents to completely unrelated commercial monetization.  An example – one of the few I can think of - would be NIKE.
>> 
>> Lets stay focussed and reasonable please.  Just because something is expensive does not equate to something that infringes.
>> 
>> Sincerely,
>> Paul Raynor Keating, Esq.
>> Law.es
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>> 
>> 
>> From: <gnso-rpm-wg-bounces at icann.org> on behalf of Steve Levy <slevy at accentlawgroup.com>
>> Date: Friday, September 23, 2016 at 5:40 PM
>> To: Phil Corwin <psc at vlaw-dc.com>, Rebecca Tushnet <rlt26 at law.georgetown.edu>, "Silver, Bradley" <Bradley.Silver at timewarner.com>, "gnso-rpm-wg at icann.org" <gnso-rpm-wg at icann.org>
>> Subject: Re: [gnso-rpm-wg] TMCH review objectives
>> 
>> I’d also like to add my view that “protection” can take a number of different forms.  Stopping someone from infringing upon one’s trademark is the most obvious one but protecting brand owners from having their  trademarks held for ransom at an unreasonably high premium price is another.  If, for example, [brand].TLD is priced at US$50000 as a premium domain it effectively prevents the brand owner from purchasing that domain and the website remains either non-resolved or perhaps as a registry advertisement. The public may then see this site and mistakenly believe that the brand owner has either gone out of business or is not devoting sufficient resources to promoting its brand online.  Preventing this type of negative impact on the brand is another form of “protection”.
>> 
>> Regards,
>> Steve
>> 
>> 
>> Steven M. Levy, Esq.
>> Accent Law Group, Inc.
>> 301 Fulton St.
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>> From: <gnso-rpm-wg-bounces at icann.org> on behalf of Phil Corwin <psc at vlaw-dc.com>
>> Date: Friday, September 23, 2016 at 11:39 AM
>> To: Rebecca Tushnet <rlt26 at law.georgetown.edu>, "Silver, Bradley" <Bradley.Silver at timewarner.com>, "gnso-rpm-wg at icann.org" <gnso-rpm-wg at icann.org>
>> Subject: Re: [gnso-rpm-wg] TMCH review objectives
>> 
>> I believe I just addressed that question in the email I posted – if unreasonably high sunrise pricing deters a rights holder from registering a  domain corresponding to a verified TM registered in the TMCH then it may be registered in the general availability period by an infringer, which in turn imposes a variety of costs on the TM owner (including those of bringing a subsequent URS, UDRP, or judicial action) and also creates the possibility of confusion and harm for the general public.
>>  
>> This is not to say that all Premium pricing is unreasonable, as it is generally recognized that certain words and terms have inherent additional value in the DNS context – it really requires a case by case analysis.
>>  
>> Philip S. Corwin, Founding Principal
>> Virtualaw LLC
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>> From:gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Rebecca Tushnet
>> Sent: Friday, September 23, 2016 11:10 AM
>> To: Silver, Bradley; gnso-rpm-wg at icann.org
>> Subject: Re: [gnso-rpm-wg] TMCH review objectives
>>  
>> TMCH’s goal of “protection” against what, though?  How does high pricing contribute to trademark infringement?  High pricing may deter purchases of domain names, no doubt, but with what result for the system overall?
>>  
>> Rebecca Tushnet
>> Georgetown Law
>> 703 593 6759
>>  
>> From: Silver, Bradley [mailto:Bradley.Silver at timewarner.com] 
>> Sent: Friday, September 23, 2016 11:00 AM
>> To: Rebecca Tushnet; gnso-rpm-wg at icann.org
>> Subject: RE: TMCH review objectives
>>  
>> I would add that the question of pricing feeds into the concept of effectiveness, because if the TMCH is serving as a database for registries to target brand owners for higher pricing based on the value of their brands, then this is antithetical to the TMCH’s primary goal to provide protection for verified right holders.   
>>  
>> From:gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Rebecca Tushnet
>> Sent: Friday, September 23, 2016 10:26 AM
>> To: gnso-rpm-wg at icann.org
>> Subject: [gnso-rpm-wg] TMCH review objectives
>>  
>> Hello, all.  On the last WG call, concerns about pricing of domain names during the Sunrise Period arose. This led to a question of whether pricing is within the remit of this WG – and the broader question of what the purpose of our TMCH review is.  There seemed to be a desire to focus on the TMCH’s effectiveness. The predicate question, then, is: effectiveness at what?  Here are some suggestions for discussion: (1) minimizing the cost of operating the system for all concerned; (2) minimizing the number of actions that ultimately need to be brought against infringing registrants; (3) minimizing the number of noninfringing registrants whose legitimate uses are blocked or deterred.  If the system is reasonably balancing those objectives, I suggest, then it is effective; potential changes should be directly related to improving performance on one or more of these metrics without unduly hampering the others.
>>  
>> Yours,
>> Rebecca Tushnet
>>  
>> Rebecca Tushnet
>> Georgetown Law
>> 703 593 6759
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