[gnso-rpm-wg] Recommendation for Question#10 (Appropriate Strings for Notification)

Winterfeldt, Brian J. BWinterfeldt at mayerbrown.com
Tue Apr 25 20:42:31 UTC 2017


+1

Brian J. Winterfeldt
Co-Head of Global Brand Management and Internet Practice
Mayer Brown LLP
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On Apr 25, 2017, at 4:32 PM, J. Scott Evans via gnso-rpm-wg <gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>> wrote:

Paul:

Here again, you are overstating. Trademark owners are not seeking to expand their rights. On the contrary, they are looking for scalable solutions that recognize the rights afforded to them by jurisdicdtions around the world.

J. Scott


J. Scott Evans
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On 4/25/17, 12:37 PM, "Paul Keating" <paul at law.es<mailto:paul at law.es>> wrote:

   I have NO desire to expand any rights accorded to trademark holders.  I believe they have been expanded beyond that which is reasonable or supportable given legal and policy constraints.

   Sent from my iPad

On 25 Apr 2017, at 20:32, Rebecca Tushnet <Rebecca.Tushnet at law.georgetown.edu<mailto:Rebecca.Tushnet at law.georgetown.edu>> wrote:

That's because it came from words that weren't mine.

If no one at all is interested in defending the "expanding the match"
proposal that this thread is supposed to cover, does that mean that we
have a consensus that it's not worth pursuing?  I'm not sure what the
procedure for determining that would be.
Rebecca Tushnet
Georgetown Law
703 593 6759


On Tue, Apr 25, 2017 at 2:23 PM, Paul Keating <paul at law.es<mailto:paul at law.es>> wrote:
I'm sorry but these 2 statements seem to be in conflict with each other.....

I don't in fact think that the TMCH contains names of those individuals who've been wrongly deterred from registering domain names they had a right to register.

As has been discussed for a while, I think it contains other relevant evidence, like more words like "cloud" and "hotel" that prima facie don't seem likely to justify preemptive rights across new gTLDs.

I am more concerned about the latter but must say I really don't understand what is meant by the former.


Sent from my iPad

On 25 Apr 2017, at 16:22, Scott Austin <SAustin at vlplawgroup.com<mailto:SAustin at vlplawgroup.com>> wrote:

I don't in fact think that the
  TMCH contains names of those individuals who've been wrongly deterred
  from registering domain names they had a right to register.  As has
  been discussed for a while, I think it contains other relevant
  evidence, like more words like "cloud" and "hotel" that prima facie
  don't seem likely to justify preemptive rights across new gTLDs.


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