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

[Jeremy Malcolm]

On 13/7/17 2:16 pm, Winterfeldt, Brian J. wrote:
>
> We completely agree that there is a world of difference between
> speculative token users versus world famous brand owners. 
>
>  
>
> We also note the numerous challenge procedures already in existence to
> address mere token use, including trademark cancellation actions at
> the national level,
>

1. The incentives are wrong (there is no way that an individual or small
business would ever expend thousands to challenge a bogus registration
for a words like "hotel").

2. Maybe the trademark registration is valid, but it's a design mark or
a mark that's limited to a particular class of goods or services, in
which case a cancellation action would fail.

3. What national level?  The TMCH is secret, so apart from searching
every trademark registry in the world, how are they to know which
trademark to cancel?  (And even then, they might come up with several
matches, and still won't know which trademark was used in the TMCH.)


-- 
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
PGP fingerprint: 75D2 4C0D 35EA EA2F 8CA8 8F79 4911 EC4A EDDF 1122

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-rpm-wg/attachments/20170713/51b6f4b7/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: signature.asc
Type: application/pgp-signature
Size: 455 bytes
Desc: OpenPGP digital signature
URL: <http://mm.icann.org/pipermail/gnso-rpm-wg/attachments/20170713/51b6f4b7/signature.asc>