[Tmch-iag] Opting out of Trademark Claims

[Tom Barrett]

Opting out of Trademark Claims

Last week's discussion documents suggested one remedy to keep the claims
data confidential would be to allow trademark owners to "opt-out" of
trademark claims.  

 

I think the premise behind this suggestion--that a trademark owner's TMCH
strategy is revealed simply through the display claims notices, and the best
way to address it, is for trademark owners to opt-out of claims-- is overly
simplistic.  

 

The proposed implementation of this opt-out option discussed last week would
eliminate both the notices to the potential registrant and to the claimants.
IF there was any interest among trademark owners for an opt-out from claims,
then the TMCH could offer the "sunrise claims" service as an option, where
only the claimants are notified.  Further, trademark owners should be
allowed to selectively opt-out of specific TLD's, rather than make it an
"all-or-nothing" choice.

 

The display of a single notice does not reveal a trademark owner's TMCH
strategy.  However, the display of the trademark owner's entire compilation
of records in the TMCH does.  While preventing this reveal may not be
guaranteed, it can certainly be detected, provided the TMCH has visibility
whenever a claims query finds a match.  This is easy to do if the TMCH
controls access to the TMCH claims data; nearly impossible if it does not.

 

Best Regards,

 

Tom Barrett

EnCirca

 


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From: tmch-iag-bounces at icann.org [mailto:tmch-iag-bounces at icann.org] On
Behalf Of Karen Lentz
Sent: Friday, February 10, 2012 1:24 AM
To: tmch-iag at icann.org
Subject: [Tmch-iag] Reminder and slides for 10 Feb IAG calls



All,

 

Thank you for the comments submitted on these sets of issues.  For your
reference, attached are the slides for the 2 calls taking place on 10
February 12.

 

.         The process call will be at 13:00 UTC - (issue N1 and N2) 

o   http://tinyurl.com/6scclp4

.         The technical call will be at 16:00 UTC - (issues T1 and T3) 

o   http://tinyurl.com/6uu8uw4

 

Both calls will use the existing dial-in number and Adobe Connect room.  

 

You may choose to attend both calls, if you wish, or focus only on one you
are interested in.  The slides for both are attached.

Best regards,

Karen Lentz
ICANN

 

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