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

[Jeremy Malcolm]

On 26/4/17 6:50 pm, icannlists wrote:
> Thanks Rebecca.  I'm not characterizing you as anti-trademark; just your arguments and positions to date on this list.  We would very much welcome anything favorable to trademarks that you wish to add to the discourse.

It may be worth noting that if we go by the public remarks of the
International Trademark Association, they too don't seem to believe that
the lowest common denominator standards of a single country should have
extra-territorial application throughout the world, as occurs in the
case of the TMCH (this comes from their application to be joined to the
Equustek case, a Canadian case which sought to apply its law
extra-territorially).

    INTA has an over-arching interest in having the territoriality of
    trademark law recognized in court decisions around the world. This
    appeal is squarely within INTA's interests as it raises the issue of
    the appropriate territorial effect of an injunctive remedy granted
    in the context of trademark litigation. ... In particular INTA will
    provide submissions on how the territorial nature of trademark
    rights relates to the scope of extra-territorial injunctions
    available to enforce those rights; and the issue of trademark
    territoriality as it relates to "the core values of any nation" that
    may be effected by an extra-territorial injunction which prevents,
    in the worlds of the Court of Appeal for British Columbia,
    "advertising [of] wares that violate ... intellectual property rights."

So maybe INTA too is anti-trademark. ;-)

-- 
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
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