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

icannlists icannlists at winston.com
Wed May 17 21:48:25 UTC 2017

Thanks Rebecca.

Staff, does the information that Rebecca is seeking in existence?  I thought that there was no record of the specific domain names which were non-registered after receiving a notice of claim.

Rebecca, I think your question has more to do with harm to potentially chilled registrants rather than harm to trademark owners/consumers, correct?  Harm to trademark owners/consumers can be evidenced by UDRP/URS decisions for domain names that would fall into the next expanded category.  Thanks in advance for your thoughts on that.


-----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 1:36 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
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gnso-rpm-wg at icann.org

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