[gnso-rpm-wg] List of examples for Deloitte (Re: Action items and updated documents from Working Group call of 15 February)

Paul Keating Paul at law.es
Wed Feb 22 13:11:15 UTC 2017


Then I s suggest we do both?

Send the examples AND ask for the list.

Paul

From:  Georges Nahitchevansky <ghn at kilpatricktownsend.com>
Date:  Wednesday, February 22, 2017 at 2:00 PM
To:  "J. Scott Evans via gnso-rpm-wg" <jsevans at adobe.com>, Paul Keating
<paul at law.es>, Mary Wong <mary.wong at icann.org>
Cc:  "gnso-rpm-wg at icann.org" <gnso-rpm-wg at icann.org>
Subject:  Re: [gnso-rpm-wg] List of examples for Deloitte (Re: Action items
and updated documents from Working Group call of 15 February)

> +1
> 
> From: J. Scott Evans via gnso-rpm-wg
> Sent: Wednesday, February 22, 2017 5:48 AM
> To: Paul Keating; Mary Wong
> Reply To: J. Scott Evans
> Cc: gnso-rpm-wg at icann.org
> Subject: Re: [gnso-rpm-wg] List of examples for Deloitte (Re: Action items and
> updated documents from Working Group call of 15 February)
> 
> Team:
>  
> I disagree with Paul. I think asking Deloitte to tell us if the textual
> elements of Rebecca’s examples and for an explanation of their analysis would
> be very enlightening and helpful.
>  
> J. Scott Evans
>  
> 
> From: <gnso-rpm-wg-bounces at icann.org> on behalf of Paul Keating <paul at law.es>
> Date: Wednesday, February 22, 2017 at 12:10 AM
> To: Mary Wong <mary.wong at icann.org>
> Cc: "gnso-rpm-wg at icann.org" <gnso-rpm-wg at icann.org>
> Subject: Re: [gnso-rpm-wg] List of examples for Deloitte (Re: Action items and
> updated documents from Working Group call of 15 February)
> 
>  
> 
> While a laudable effort imho this will not likely receive a useful response.
> It might be more productive to simply request a list of those
> 
> Figurative marks that have been accepted.
> 
>  
> 
> Alternatively ask what rules are applied in practice to determine the
> "prominent" textual aspects of a figurative mark.
> 
>  
> 
> The issue I feel is not the figurative containing textual elements otherwise
> registrable. Rather we are really after a figurative mark used to protect a
> textual element not otherwise protectable as a trademark.  E.g. "Fast Cars"
> with a green squiggly mark to claim rights in fast cars to sell automobiles.
> 
> Sincerely, 
> 
> Paul Keating, Esq.
> 
> 
> On Feb 22, 2017, at 7:47 AM, Mary Wong <mary.wong at icann.org> wrote:
>> 
>> Dear all,
>>  
>> I’m sending this message on behalf of Rebecca Tushnet in relation to one
>> Action Item from the 15 February Working Group call. This was for her to take
>> the lead in suggesting some examples of design marks that we can send to
>> Deloitte for their opinion on whether the examples will or will not likely be
>> accepted into the TMCH.
>>  
>> Please review the attached examples and send your comments to this list.
>> Thank you.
>>  
>> Cheers
>> Mary
>>  
>> 
>> From: Mary Wong <mary.wong at icann.org>
>> Date: Monday, February 20, 2017 at 12:23
>> To: "gnso-rpm-wg at icann.org" <gnso-rpm-wg at icann.org>
>> Subject: Re: Action items and updated documents from Working Group call of 15
>> February
>> 
>>  
>> Dear all,
>>  
>> This is just a gentle reminder to circulate your suggestions this week for
>> follow up questions and clarifications for Deloitte, based on the Working
>> Group’s discussions to date of the tables for Categories 1 – 6.
>>  
>> To assist those who were not able to attend both sessions where the tables
>> were discussed:
>> ·        Wiki page containing call recording, transcript and updated table
>> from 15 February (discussion of Categories 3 – 6):
>> https://community.icann.org/x/TZ3DAw
>> 
>> ·        Wiki page containing call recording, transcript, AC chat, updated
>> table from 8 February (last discussion of Categories 1 -2), and compilation
>> of TMCH Dispute Resolution Procedures:  https://community.icann.org/x/Q53DAw.
>> 
>>  
>> Thanks and cheers
>> Mary
>>  
>> 
>> From: Mary Wong <mary.wong at icann.org>
>> Date: Thursday, February 16, 2017 at 18:37
>> To: "gnso-rpm-wg at icann.org" <gnso-rpm-wg at icann.org>
>> Subject: Action items and updated documents from Working Group call of 15
>> February
>> 
>>  
>> Dear all,
>>  
>> Please find attached the updated Tabular Summary for Categories 3-6 for your
>> review (also posted to the Working Group wiki page with notes and recordings
>> for this call, at https://community.icann.org/x/TZ3DAw). Please also note the
>> following action items, which are also reflected in the updated table.
>>  
>> Action Items:
>>  
>> ·        On Q7 (design marks) – Rebecca Tushnet to take the lead in
>> developing a few examples of hypothetical design marks for sending to
>> Deloitte for their views
>> 
>>  
>> ·        On Q8 (Geographical Indicators) – Staff to confirm with OriGIn who
>> may be able to submit G.I.s.
>> 
>>  
>> ·        On Q9 (TM+50) – Working Group to review questions submitted by the
>> Registries Stakeholder Group with a view toward agreement on whether to send
>> them on to Deloitte
>> 
>>  
>> ·        On Q14 (Accessibility) – Working Group to consider if there are
>> additional/alternative sources that can provide us with more information.
>> 
>>  
>> ·        [From last week] – please review the updated Tabular Summary for
>> Categories 1 & 2 from last week and submit any follow up questions or
>> suggestions for Deloitte to this mailing list. The updated document is
>> available under Follow Up Notes from the wiki page notes of the call last
>> week: https://community.icann.org/x/Q53DAw.
>> 
>>  
>> ·        [From last week] – please review the TMCH Dispute Resolution
>> Procedures and suggest areas for discussion or follow up to this mailing
>> list. The updated document is available under Follow Up Notes from the wiki
>> page notes of the call last week: https://community.icann.org/x/Q53DAw.
>> 
>>  
>> Next Steps:
>>  
>> ·        Staff will compile additional suggestions received from Working
>> Group members on possible questions and requests for follow up with Deloitte,
>> from both Tabular Summaries for Categories 1 & 2 (from last week) and for
>> Categories 3-6. Please try to submit your feedback by close of business in
>> your time zone on Tuesday 21 February at the latest so that we can have a
>> full list ready as soon as possible.
>> 
>>  
>> Thank you.
>>  
>> Cheers
>> Mary
>>  
>> 
>> From: Mary Wong <mary.wong at icann.org>
>> Date: Tuesday, February 14, 2017 at 11:08
>> To: "gnso-rpm-wg at icann.org" <gnso-rpm-wg at icann.org>
>> Subject: Proposed agenda and documents for RPM Working Group call on 15
>> February
>> 
>>  
>> Dear all,
>>  
>> The proposed agenda for the next Working Group call, scheduled for 15
>> February 2017 at 1700 UTC, is as follows:
>>  
>> 1.      Roll call (via Adobe Connect and phone bridge only); updates to
>> Statements of Interest
>> 
>> 2.      Review table for Categories 3-6, with view to developing additional
>> questions for Deloitte or that require further information
>> 
>> 3.      Next steps/next meeting
>> 
>>  
>> Please note that the table for Agenda Item #2 had been circulated previously,
>> on 6 February, and is also available on our Working Group wiki space here:
>> https://community.icann.org/x/_pHRAw.
>>  
>> Please note also the Action Items from the meeting last week, which were as
>> follows:
>>  
>> ·        Over the next week, WG members to review the table for Categories 1
>> & 2 and the discussions to date, in order for staff to compile and send all
>> follow up questions to Deloitte before ICANN58 so as to have an informed
>> discussion with them at ICANN58 (updated table was circulated on 10 February
>> and is also available here: https://community.icann.org/x/_pHRAw)
>> 
>> ·        WG members to also review the TMCH Dispute Resolution Procedures and
>> agree on any follow up questions for Deloitte (the Procedures were circulated
>> on 10 February and are also available here:
>> http://trademark-clearinghouse.com/dispute).
>> 
>>  
>> Thanks and cheers
>> Mary
>>  
>>  
>> 
>> <List of marks to ask Deloitte about - from Rebecca Tushnet - 22 Feb
>> 2017.docx>
>> 
>> _______________________________________________
>> gnso-rpm-wg mailing list
>> gnso-rpm-wg at icann.org
>> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg
> 
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