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

[Michael Graham (ELCA)]

George:

Again, apologies for coming into this conversation late, but could you clarify what you meaning by the term “gaming”?

The only usage I can call to mind in connection with the TMCH would be (1) the acquisition of a trademark registration without actual or intended use of the trademark in order to register the registration in the TMCH, or (2) the fabrication of evidence of Use and its submission to the TMCH in order to entitle one to Sunrise registration.

Michael R. Graham

From: gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of George Kirikos
Sent: Monday, April 10, 2017 2:18 PM
To: gnso-rpm-wg at icann.org
Subject: Re: [gnso-rpm-wg] Action Items, Slides and Notes from the Working Group call held earlier today

Some more examples of gaming of the TMCH sunrises, via public blog posts:
1. via Kevin Murphy of DomainIncite.com:

http://domainincite.com/16492-how-one-guy-games-new-gtld-sunrise-periods
DIRECT, CLOUD, and SOCIAL
Note the comments below that blog post by John Berryhill, who wrote "…and the attorney who was unable to use her client’s US registration for “PHYSICS” with the inconvenient disclaimer, and who then obtained a late change in the TMCH rules allowing figurative registrations, so that her client could use a foreign logo registration to obtain the TMCH entry for that word… is she an IPC member, Kristina?"
implying that the common term "PHYSICS" might also be gamed, by an IPC member. And there are other comments by him and others on that page that are worth reading.
2. via Konstantinos Zournas of OnlineDomain.com:

http://onlinedomain.com/2014/04/15/legal/fake-trademarks-stealing-generic-domains-in-new-gtld-sunrises/
regarding CLOUD, SOCIAL, BUILD, BET, VACATION, DISCOUNT, WEDDING and others (...etc.) More than 30 TMs of very common terms are mentioned, and over 300 domains were found by that one blogger. There are 46 comments to that blog post, too.
I renew the call for a public comment period, so that more of these kinds of examples of can be submitted to the working group.

Sincerely,
George Kirikos
416-588-0269
http://www.leap.com/


On Mon, Apr 10, 2017 at 4:00 PM, Rebecca Tushnet <Rebecca.Tushnet at law.georgetown.edu<mailto:Rebecca.Tushnet at law.georgetown.edu>> wrote:
When you refuse to say what you would count as evidence of a problem, that leaves us with the evidence I, and George, and Bret, and others have offered--if we want to call them "Group 2" TMCH registrants that would make sense to me.

Rebecca Tushnet
Georgetown Law
703 593 6759


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