[gnso-rpm-wg] TMCH Blog

[George Kirikos]

Hi Brian,

"I agree with the points raised by J. Scott and others: the TMCH is
not the place to challenge underlying trademark registrations.  The
appropriate recourse is to challenge the registration at the
appropriate national or regional trademark office."

That's a very TM-centric view of things, which assumes that TMs are
inherently "superior" to domain name rights.

Put yourself in the shoes of the "other side". By your "logic", for
those who say that domain name rights are "superior", there should be
no TMCH at all. Instead, the "appropriate recourse" to a domain name
dispute is for the TM holder to challenge the domain name registration
in the appropriate national courts.

In other words, there's a double-standard. Domain name registrants are
subject to excess scrutiny (i.e. there's no assumption of good faith
for them, whereas TMs are always assumed to be "valid", subject to an
appropriate challenge in a national court or by whoever granted that
national TM right).

If one follows that "logic" to its natural progression, it argues for
the elimination of the UDRP/URS/TMCH/etc., and let only the national
courts decide everything.

Sincerely,

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