[gnso-rpm-wg] Data on non exact matches

Phil Corwin psc at vlaw-dc.com
Wed May 17 18:48:35 UTC 2017

Another thought on the data front.

As I suggested on the call, I wonder if ICANN staff has the technical capacity to take a dozen or so well-known 2 and 3 letter acronyms that are registered as trademarks and therefore eligible for TMCH registration (e.g., GM, HP, LV, UA, IBM, GE), run them against standard dictionaries for major ASCII  languages ( at least English, French, Spanish, & German), and provide us with the list of words that if attempted to be registered as domains would generate claims notice under a 'mark contained' approach (e.g., frogman.tld) generates a notice based on GM in the TMCH). 

I think the results would be quite illuminating as regards the scope of false positive matches that are unrelated to the goods and services associated with the mark.

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004

Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey

-----Original Message-----
From: gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Rebecca Tushnet
Sent: Wednesday, May 17, 2017 2:35 PM
To: gnso-rpm-wg at icann.org
Subject: [gnso-rpm-wg] Data on non exact matches

Reposting per J. Scott's request on the call:

In order to fully evaluate the proposal to extend the match criteria, we really need information on the harm it is supposed to address, including (1) the number of registration attempts that included but were not limited to the text of an entry in the TMCH and (2) the number of such registrations that led to a trademark owner challenge after the fact (therefore excluding URS actions against, for example, typosquatting).
To the extent that the proposal becomes more limited to specific goods and services, the evidence of need should be likewise limited.  Then, as George K. eloquently explained, we'd also want to see how many attempts/registrations would have been flagged in an expanded match system, to get a sense of the potential for false positives.

Rebecca Tushnet
Georgetown Law
703 593 6759
gnso-rpm-wg mailing list
gnso-rpm-wg at icann.org

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