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

[Jeremy Malcolm]

On 26/4/17 10:50 am, J. Scott Evans wrote:
> Over 36,000 registrations in the TMCH. Approximately 130 Sunrise Registrations per new gTLD. I just don’t see the enormous encroachment you are complaining about. Not to mention that Sunrise is limited to exact string. So, cloud.tld doesn’t prevent registration of ihatecloud.tld, clouds.tld, ilovecloud.tld. 

Again you are changing the topic to "this isn't harmful in practice". 
While I dispute that also, my point was that the harm is inherent in the
fact that it provides rights beyond that those of trademark law - which
is exactly what it wasn't meant to do.

To restate the point, even if we can't lift the secrecy of the TMCH
database to reveal more than anecdotal evidence of specific harms, the
very availability of trademark-plus rights through the TMCH is harm
itself, because it was meant to track trademark law.

-- 
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 ::

Public key: https://www.eff.org/files/2016/11/27/key_jmalcolm.txt
PGP fingerprint: 75D2 4C0D 35EA EA2F 8CA8 8F79 4911 EC4A EDDF 1122


-------------- next part --------------
A non-text attachment was scrubbed...
Name: signature.asc
Type: application/pgp-signature
Size: 455 bytes
Desc: OpenPGP digital signature
URL: <http://mm.icann.org/pipermail/gnso-rpm-wg/attachments/20170426/814df4cb/signature.asc>