[gnso-rpm-wg] Inferences (was Re: Mp3, Attendance, AC recording & AC Chat Review of all Rights Protection Mechanisms (RPMs) PDP Working Group)

Paul Keating paul at law.es
Thu Jul 13 15:46:15 UTC 2017


Georges,

You seem to set out only those facts supporting your position.

The issue is about gaming the system by anyone.  I don't care that it is a domainer or trademark holder.  There are enough facts to warrant the investigation.  If the investigation shows no abuse i will urge not changing anything.  However, not investigating because you don't feel there are other examples of abuse is putting the cart before the horse.

As far as the Uniregistry issue, we dont know why they created the rule.  However, i know the owner and his counsel and they would not have created it in advance.  But, lets ask and see.

Sent from my iPad

> On 13 Jul 2017, at 17:20, Nahitchevansky, Georges <ghn at kilpatricktownsend.com> wrote:
> 
> George Kirikos.  You are talking about one registry out of how many?  Moreover, I disagree with your conclusions.  For example, the fact that there are anti voter fraud laws in place in many jurisdictions does not in and of itself mean that there is widespread voter fraud.  Having prophylactic measures in place is just good business.  The same applies here.  The only thing we have seen showing that any kind of gaming was done was with one very limited situation by a domainer who registered some common trademarks to then obtain a handful of domain names.  This is hardly evidence of abuse by bona fide trademark owners. So again, why waste all this time in pursuit of a negative.
> 
> 
> -----Original Message-----
> From: gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of George Kirikos
> Sent: Thursday, July 13, 2017 10:44 AM
> To: gnso-rpm-wg at icann.org
> Subject: Re: [gnso-rpm-wg] Inferences (was Re: Mp3, Attendance, AC recording & AC Chat Review of all Rights Protection Mechanisms (RPMs) PDP Working Group)
> 
> Hi folks,
> 
> In addition to the blog posts mentioned by Jon Nevett:
> 
>> On Thu, Jul 13, 2017 at 10:25 AM, Jon Nevett <jon at donuts.email> wrote:
>> https://www.thedomains.com/2017/02/01/the-trademark-clearinghouse-work
>> ed-so-well-one-company-got-24-new-gtld-using-the-famous-trademark-the/
>> 
>> https://www.thedomains.com/2014/03/22/tmch-has-plenty-of-trademarks-of
>> -generic-words/
> 
> there was also a good article by DomainNameWire:
> 
> http://domainnamewire.com/2014/02/10/how-common-words-like-pizza-money-and-shopping-ended-up-in-the-trademark-clearinghouse-for-new-tlds/
> 
> which had a small spreadsheet of common terms that appear in the TMCH.
> Indeed, registry operators like Uniregistry would not have had to adopt "anti-gaming" provisions (not allowing sunrise registrations to be transferred to other entities, unless the entity itself was sold; see the DNW article above) unless there was widespread abuse of the TMCH.
> 
> In other words, why are there "counter-measures" like that (including holding back names by the registry) unless the TMCH was widely being abused? The fact these counter-measures exist are inconsistent with the position of Georges Nahitchevansky that there's no foundation at all for abusive and overreaching TMCH recordals.
> 
> Sincerely,
> 
> George Kirikos
> 416-588-0269
> http://www.leap.com/
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