[gnso-rpm-wg] Recommendation for Questions #7 and #16 (Design Mark and Appropriate Balance)

[Beckham, Brian]

Jeremy,

Putting aside the fact that we have not yet seen any evidence of free expression being stifled because of a domain name registration in a sunrise, we are not exactly in apples to apples territory:  the DNS is first-come, first-served;  trademark law allows for co
existence of various shapes and sizes.

Even without a TMCH, or sunrises for that matter, you would have the same "problem" of an exclusionary registration.

Also putting aside the fact that myriad variants (here: "parent" and "parenting" just to quickly name two) remain available for registration, it is not clear that there is a "solution" to this issue within the current fabric of the DNS.

Brian

-----Original Message-----
From: gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Jeremy Malcolm
Sent: Wednesday, April 26, 2017 7:47 PM
To: Silver, Bradley; gnso-rpm-wg at icann.org
Subject: Re: [gnso-rpm-wg] Recommendation for Questions #7 and #16 (Design Mark and Appropriate Balance)

On 26/4/17 10:41 am, Silver, Bradley wrote:
> Jeremy - the TMCH does not allow exclusive rights in domains.  Having a mark in the TMCH affords nothing close an exclusive right.  That's a basic truth which shouldn’t be ignored.

The sunrise period can allow the owner of (to use Rebecca's example) the PARENTS stylized mark to seize the parents.forum domain to the exclusion of someone who wants to run a parenting forum.  Call it an exclusive right or whatever you want, but it goes further than trademark law.  A rose by any other name...

--
Jeremy Malcolm
Senior Global Policy Analyst
Electronic Frontier Foundation
https://eff.org
jmalcolm at eff.org

Tel: 415.436.9333 ext 161

:: Defending Your Rights in the Digital World ::

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