[gnso-rpm-wg] Action Items, Slides and Notes from the Working Group call held earlier today

J. Scott Evans jsevans at adobe.com
Thu Apr 6 12:08:06 UTC 2017


The same logic applies to you and other domaines, cybersquatters, speculators and small businesses. The fact that you want to arbitrage in terms that are also trademarks is your choice and you have to deal with the barriers put in place to deal with the bad actors.

Sent from my iPhone

> On Apr 6, 2017, at 4:59 AM, George Kirikos <icann at leap.com> wrote:
> 
> Hi folks,
> 
>> On Thu, Apr 6, 2017 at 4:19 AM, Beckham, Brian <brian.beckham at wipo.int> wrote:
>> Finally, since the chart references the EFF letter, it is worth mentioning
>> here that the fact that a trademark owner may pay (sometimes extremely high
>> amounts) to defensively register a domain name exactly matching its
>> trademark in a Sunrise process (and thereby taking it “off the market”) does
>> not prevent free expression, which may be undertaken in countless other
>> ways.  The number of terms that may be appended to a trademark (not to
>> mention typos) to engage in all manner of speech – fair or otherwise – is,
>> practically-speaking, all but limitless.
> 
> By that "logic", the number of terms that may be appended to a common
> dictionary word (not to mention typos) to create a trademarkable brand
> is, practically-speaking, all but limitless. :-)
> 
> In other words, those creating a new brand/trademark certainly had the
> opportunity to create a longer (and thus inferior) alternative to a
> commonly used dictionary word or other common term. The fact that they
> decided instead to choose a common term that is widely used by the
> public shouldn't give them any priority access in a launch of a new
> gTLD.
> 
> "I created a problem for myself, and I want ICANN to fix it" is the
> essence of the sunrise argument for commonly used terms, like
> dictionary words and short acronyms.
> 
> Sincerely,
> 
> George Kirikos
> 416-588-0269
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