[gnso-rpm-wg] A Proposal for Smarter Non-Exact Matches

[Winterfeldt, Brian J.]

Dear all:

In response to a comment made on our call today suggesting that the attached, well drafted, proposal is a “comprehensive” representation of cybersquatting through non-exact matches, we offer a few additional examples:


1.       Telescoped Terms:  These variations leverage TLD extensions as part of an identical or non-exact match trademark.  For example, COCA-CO.LA, SIE.MEN and NES.CAFE.



2.       Related Brand Names:  These variations either improperly attempt to use trademarks in a generic sense, or create consumer confusion concerning the relationship between two or more otherwise unrelated trademarks.  For example, GOOGLELINKEDIN.COM.

We are no longer surprised by the new and inventive ways cybersquatters develop each day to create consumer confusion online, and would strongly caution against any characterization as truly comprehensive.

Thank you,

Brian

Brian J. Winterfeldt
Co-Head of Global Brand Management and Internet Practice
Mayer Brown LLP

From: gnso-rpm-wg-bounces at icann.org<mailto:gnso-rpm-wg-bounces at icann.org> [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Greg Shatan
Sent: Monday, May 29, 2017 10:12 PM
To: gnso-rpm-wg
Subject: [gnso-rpm-wg] A Proposal for Smarter Non-Exact Matches

All,

As I've mentioned earlier, I think that a proposal to use non-exact matches other than "mark contained" matches ("dumb matches") makes sense to pursue.  Various types of matches have been discussed; however, there has been no actual proposal for "smarter" matches that can be used by the group.

The attached proposal seek to fill that gap.  It is more in the nature of an addendum to the initial proposal on non-exact matches.  However, it does provide a more formal proposal on the types of non-exact matches to be considered.  The intent is to provide a sufficient framework to discuss these types of non-exact matches and to add these non-exact matches to the proposal.

I hope that this helpful to the work of the group.

Greg

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