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

Mon Apr 10 22:17:37 UTC 2017

I think Paul Keating is right to argue that we should draw an adverse
inference from this failure to be transparent with the TMCH database:

https://en.wikipedia.org/wiki/Adverse_inference

Name-calling about who is "bullying" isn't going to be productive (oh, "you
are", no "you are", "I'm rubber, you're glue.....")

Sincerely,

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

On Mon, Apr 10, 2017 at 6:11 PM, J. Scott Evans via gnso-rpm-wg <
gnso-rpm-wg at icann.org> wrote:

> I have stated once and I believe others have agreed. The data in the
> database is confidential. That was a very important point when the TMCH was
> created. I think your attempt to bully people by saying we have to draw a
> certain conclusion (one the most surprisingly supports your viewpoint) is
> the outcome of keeping this information confidential.
>
>
>
> J. Scott
>
>
>
> [image:
> ttps://inside.corp.adobe.com/content/dam/brandcenter/images/image002.gif]
>
> *J. Scott Evans*
>
> 408.536.5336 (tel)
>
> 345 Park Avenue, Mail Stop W11-544
>
> Director, Associate General Counsel
>
> 408.709.6162 (cell)
>
> San Jose, CA, 95110, USA
>
> Adobe. Make It an Experience.
>
> jsevans at adobe.com
>
> www.adobe.com
>
>
>
>
>
>
>
>
>
> *From: *<gnso-rpm-wg-bounces at icann.org> on behalf of Paul Keating <
> paul at law.es>
> *Date: *Monday, April 10, 2017 at 3:05 PM
> *To: *"Michael Graham (ELCA)" <migraham at expedia.com>
> *Cc: *"gnso-rpm-wg at icann.org" <gnso-rpm-wg at icann.org>
>
> *Subject: *Re: [gnso-rpm-wg] Action Items, Slides and Notes from the
> Working Group call held earlier today
>
>
>
> With information like that below, and recognizing that the TMCH sunrise
> and notice programs were intended to provide a balanced approach:
>
>
>
> 1.  I fail to see any reason why we should not be allowed to view the
> database; or
>
>
>
> 2.  Treat the failure to be transparent as conclusive evidence that the
> system is being gamed beyond the balance point, thus justifying revision.
>
>
>
> I have seen several emails protesting such transparency but although
> having asked several times, I have never seen any evidence contradicting
> the facts noted below, or any legal basis for precluding transparency.
>
>
>
> I join George in asking that this issue be opened to the air so to speak
> and that we push for disclosure of the TMCH database so that we can perform
> our job to determine if the programs are being abused.
>
> Sent from my iPad
>
>
> On 10 Apr 2017, at 23:27, Michael Graham (ELCA) <migraham at expedia.com>
> wrote:
>
> 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@
> icann.org <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
> <https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2FDomainIncite.com&data=02%7C01%7C%7C4330c3c36a16480d91ee08d4805dbb94%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636274587465434210&sdata=99G4tET18KkpYk3Lx7gwqYxXNF%2FAqpwHCfM3QFXtzt8%3D&reserved=0>
> :
>
> http://domainincite.com/16492-how-one-guy-games-new-gtld-sunrise-periods
> <https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fdomainincite.com%2F16492-how-one-guy-games-new-gtld-sunrise-periods&data=02%7C01%7C%7C4330c3c36a16480d91ee08d4805dbb94%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636274587465434210&sdata=oKvX%2F%2FaTf71pNw35%2FwIPwHZ1A86CCevwUJe%2BmEprubE%3D&reserved=0>
>
> 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
> <https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2FOnlineDomain.com&data=02%7C01%7C%7C4330c3c36a16480d91ee08d4805dbb94%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636274587465434210&sdata=EGiymcbsmEIJ1z3RrWyBvf%2BxZb9%2F7eHx2CCtJjXBw8w%3D&reserved=0>
> :
>
> http://onlinedomain.com/2014/04/15/legal/fake-trademarks-
> stealing-generic-domains-in-new-gtld-sunrises/
> <https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fonlinedomain.com%2F2014%2F04%2F15%2Flegal%2Ffake-trademarks-stealing-generic-domains-in-new-gtld-sunrises%2F&data=02%7C01%7C%7C4330c3c36a16480d91ee08d4805dbb94%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636274587465434210&sdata=awb9kdJMn%2Bd8lIsEfbBL1XT1jA9fD3hrikfyw%2Bpqgpw%3D&reserved=0>
>
> 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/
> <https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.leap.com%2F&data=02%7C01%7C%7C4330c3c36a16480d91ee08d4805dbb94%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636274587465434210&sdata=W3NxAFqGg0UWaOTDZjscJEQ%2BYoy1qWd%2Fp1%2BONVGi9UE%3D&reserved=0>
>
>
>
>
>
> On Mon, Apr 10, 2017 at 4:00 PM, Rebecca Tushnet <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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