[gnso-rpm-wg] A Brave New World Without Sunrises or the TMCH

[Ariel Manoff]

+1

 

Héctor Ariel Manoff
Vitale, Manoff & Feilbogen
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República Argentina
Te: (54-11) 4371-6100
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De: gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org] En
nombre de Marina Lewis
Enviado el: viernes, 14 de abril de 2017 14:24
Para: Jeremy Malcolm; gnso-rpm-wg at icann.org
Asunto: Re: [gnso-rpm-wg] A Brave New World Without Sunrises or the TMCH

 

Jeremy,

 

Except that real life doesn't pan out like that.  In my experience as a
trademark practitioner, my clients are not interested in gobbling up domain
names for registration's sake - and absorbing the administrative and
financial headaches that this entails.  Rather, most brand owners are
primarily concerned with stopping the registration of domains names that
genuinely cause confusion with consumers, or which pose a potential threat
to consumer and public safety (e.g., phishing, malware, etc.).  A domain
name registration along the lines you suggest below simply does not reflect
that business reality.

 

That said, I am not so naïve to suppose that this never happens by a
trademark owner acting in bad faith, but I am not aware of any evidence to
suggest this is the norm.  Moreover, the greater threat are the instances
where domain investors/resellers/scalpers (choose your preferred
terminology) register domain names which they have no bona fide interest in
using, apart from reselling it at a profit to a party interested in using it
for legitimate purposes – aka, a brand owner.  This is exactly the type of
“abuse” the TMCH was designed to prevent.

 

Marina

 

-----Original Message-----
From: gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org]
On Behalf Of Jeremy Malcolm
Sent: Friday, April 14, 2017 10:12 AM
To: gnso-rpm-wg at icann.org
Subject: Re: [gnso-rpm-wg] A Brave New World Without Sunrises or the TMCH

 

On 13/4/17 8:47 pm, Greg Shatan wrote:

> However, I don't think number 2 qualifies as gaming or abuse -- except 

> to the extent the trademark owner is being gamed or abused. Indeed, 

> one of the failed assumptions of the New gTLD Program seems to have 

> been that trademark owners would buy even more defensive registrations 

> than they did.

 

So there's nothing wrong with a company that has a trademark for computers
sunrise registering that trademark in a gTLD that relates to fruit on the
strength of its computer trademark, locking out those who would actually use
that domain name to sell fruit?  Sounds like abuse to me.

 

--

Jeremy Malcolm

Senior Global Policy Analyst

Electronic Frontier Foundation

 <https://eff.org> https://eff.org

 <mailto:jmalcolm at eff.org> jmalcolm at eff.org

 

Tel: 415.436.9333 ext 161

 

:: Defending Your Rights in the Digital World ::

 

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