[gnso-rpm-wg] Agenda and documents for Working Group call this week

Sat Apr 29 13:19:13 UTC 2017

I agree that the TMCH is a database. I'm not sure I would agree to the nothing more. There is a process to record trademarks therein and the recordation has meaning outside the fact that it is a database.

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Jonathan Agmon (胡韩森)

Advocate, Director

Attorney and Counsellor at Law (admitted in New York)

jonathan.agmon at ip-law.legal<mailto:jonathan.agmon at ip-law.legal>

www.ip-law.legal<http://www.ip-law.legal>

T SG +65 6532 2577

T US +1 212 999 6180

T IL +972 9 950 7000

F IL +972 9 950 5500

Soroker Agmon Nordman Pte Ltd.

133 New Bridge Road, #13-02, 059413 SINGAPORE

8 Hahoshlim Street P.O. Box 12425 4672408 Herzliya, ISRAEL

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From: jsevans at adobe.com
Sent: 29 April 2017 20:56
To: icannlists at winston.com
Cc: jonathan.agmon at ip-law.legal; paul at law.es; gnso-rpm-wg at icann.org
Subject: Re: [gnso-rpm-wg] Agenda and documents for Working Group call this week

A common misconception. The TMCH is a database. Nothing more. It is a database used to facilitate two RPM's: Sunrise and TM Claims.

Sent from my iPhone

On Apr 29, 2017, at 5:28 AM, icannlists <icannlists at winston.com<mailto:icannlists at winston.com>> wrote:

Thanks Jonathan:

Taking each in turn:

1.        Take a look at the About section of the TMCH. This is what they write. http://www.trademark-clearinghouse.com/content/what-trademark-clearinghouse<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.trademark-clearinghouse.com%2Fcontent%2Fwhat-trademark-clearinghouse&data=02%7C01%7C%7C27f665f777e1408cbb8408d48efb4902%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636290657292740112&sdata=5ekmo9Yj2mZtdnItpWbR99vl8n%2B88IGDBIF%2B1fSuQ%2B0%3D&reserved=0>

Marketing materials do not override community consensus.  The long and detailed work beginning with the IRT, through the STI, to the Board, and finally in the AGB make it clear that the TMCH is a database, not an RPM.  I can compile my trademarks in a database all day and it won’t do squat on its own.  If it could do something on its own, the publicly accessible USPTO database would have been sufficient and we would not have built the TMCH in the first place.

2.       And I disagree that the TMCH has to do with carefully selected trademarks. That's not correct either.

Well, my clients carefully selected what they put in there.  It wasn’t cheap.  Perhaps you work with clients who weren’t careful about what they lodged.  Perhaps I misspoke.  If you have any good leads on clients with enough money to lodge trademarks in the TMCH with wild abandon, please pass them along!

3.       And the word nothing more is also incorrect.

How so?  What else is the TMCH doing except accepting and validating trademarks (carefully or indiscriminately, depending on the client base) lodged by their owners  and providing that data when the actual RPMs (Sunrise and Claims) require the data?

Best,
Paul

From: Jonathan Agmon [mailto:jonathan.agmon at ip-law.legal]
Sent: Saturday, April 29, 2017 7:06 AM
To: Paul Keating <paul at law.es<mailto:paul at law.es>>; Jonathan Agmon <jonathan.agmon at ip-law.legal<mailto:jonathan.agmon at ip-law.legal>>; icannlists <icannlists at winston.com<mailto:icannlists at winston.com>>
Cc: icannlists <icannlists at winston.com<mailto:icannlists at winston.com>>; claudio di gangi <ipcdigangi at gmail.com<mailto:ipcdigangi at gmail.com>>; Mary Wong <mary.wong at icann.org<mailto:mary.wong at icann.org>>; J. Scott Evans via gnso-rpm-wg <gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>>
Subject: Re: [gnso-rpm-wg] Agenda and documents for Working Group call this week

Take a look at the About section of the TMCH. This is what they write. http://www.trademark-clearinghouse.com/content/what-trademark-clearinghouse<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.trademark-clearinghouse.com%2Fcontent%2Fwhat-trademark-clearinghouse&data=02%7C01%7C%7C27f665f777e1408cbb8408d48efb4902%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636290657292740112&sdata=5ekmo9Yj2mZtdnItpWbR99vl8n%2B88IGDBIF%2B1fSuQ%2B0%3D&reserved=0>

And I disagree that the TMCH has to do with carefully selected trademarks. That's not correct either.

And the word nothing more is also incorrect.

<image001.png>

Jonathan Agmon (胡韩森)

Advocate, Director

Attorney and Counsellor at Law (admitted in New York)

jonathan.agmon at ip-law.legal<mailto:jonathan.agmon at ip-law.legal>

www.ip-law.legal<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.ip-law.legal&data=02%7C01%7C%7C27f665f777e1408cbb8408d48efb4902%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636290657292740112&sdata=iM8N9QwUl03Rn8n2Lkw9HLgKCWQhrQ0KcW7fT7sbbcE%3D&reserved=0>

T SG +65 6532 2577

T US +1 212 999 6180

T IL +972 9 950 7000

F IL +972 9 950 5500

Soroker Agmon Nordman Pte Ltd.

133 New Bridge Road, #13-02, 059413 SINGAPORE

8 Hahoshlim Street P.O. Box 12425 4672408 Herzliya, ISRAEL

This message is confidential. It may also be privileged or otherwise protected by work product immunity or other legal rules. If you have received it by mistake, please let us know by e-mail reply and delete it from your system; you may not copy this message or disclose its contents to anyone. Please send us by fax any message containing deadlines as incoming e-mails are not screened for response deadlines. The integrity and security of this message cannot be guaranteed on the Internet.

From: icannlists at winston.com<mailto:icannlists at winston.com>
Sent: 29 April 2017 19:51
To: paul at law.es<mailto:paul at law.es>; jonathan.agmon at ip-law.legal<mailto:jonathan.agmon at ip-law.legal>
Cc: icannlists at winston.com<mailto:icannlists at winston.com>; ipcdigangi at gmail.com<mailto:ipcdigangi at gmail.com>; mary.wong at icann.org<mailto:mary.wong at icann.org>; gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>
Subject: RE: [gnso-rpm-wg] Agenda and documents for Working Group call this week

I have to agree with Paul K. here.  The TMCH is not a rights protection mechanism.  It is a database containing carefully selected trademark records as lodged by their owners.  Nothing more.

Best,
Paul

From: Paul Keating [mailto:paul at law.es]
Sent: Saturday, April 29, 2017 4:35 AM
To: Jonathan Agmon <jonathan.agmon at ip-law.legal<mailto:jonathan.agmon at ip-law.legal>>
Cc: icannlists <icannlists at winston.com<mailto:icannlists at winston.com>>; claudio di gangi <ipcdigangi at gmail.com<mailto:ipcdigangi at gmail.com>>; Mary Wong <mary.wong at icann.org<mailto:mary.wong at icann.org>>; gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>
Subject: Re: [gnso-rpm-wg] Agenda and documents for Working Group call this week

Jonathan wrote:

"Since the TMCH is a very important protection rights protection mechanism, available to brand owners, and in most countries of the world, the general view is that GIs are a type of trademarks, I make the following alternative proposal:"

Prk comment.

Not to pester a point but when we were arguing to make the TMCH public Or as an alternative to allow this WG to access certain parts of it we were told the opposite.

Sincerely,
Paul Keating, Esq.

On Apr 29, 2017, at 5:36 AM, Jonathan Agmon <jonathan.agmon at ip-law.legal<mailto:jonathan.agmon at ip-law.legal>> wrote:
Since the TMCH is a very important protection rights protection mechanism, available to brand owners, and in most countries of the world, the general view is that GIs are a type of trademarks, I make the following alternative proposal:

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