[GTLD-WG] Community review of TMCH Strawman proposals
hongxueipr at gmail.com
Mon Dec 3 02:04:34 UTC 2012
1. The issue of blocking domains based on prior use needs more thoughtful
> and nuanced approaches than are being relentlessly advanced.
I must agree with this although I need more time to research the proposal.
If the preemptive blocking is completely based ot the prior-used "strings"
rather than a case-by-case reassessment of the merit of the "claim" from
the trademark owner, it could unfairly deprive a "currently"
legitimately-held domain name where the the domain name holder has acquired
or registered the pertinent trademark (in another class of good or another
jurisdiction) or become known under that name through use or promotion.
> 3. Lack of clear distinction between policy and implementation, which has
> suited the GNSO well until now, is now being used against it.
The arbitrary and manupulative disctinction between "policy" and
"implementation" should be addressed.
But I don't know if my message cannot be sent out through the unworking
Professor Dr. Hong Xue
Director of Institute for the Internet Policy & Law (IIPL)
Beijing Normal University
19 Xin Jie Kou Wai Street
Beijing 100875 China
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