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Date: | Wed, 27 Mar 2013 10:47:44 -0400 |
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Anyone still wants to talk about this on the merit?
I didn't think so. Thx robin.
Nicolas
On 27/03/2013 1:15 AM, Robin Gross wrote:
> It was revealed today during ICANN's new gtld webinar that ICANN is in
> fact creating rights to much more than the TM+50 derivations of that
> mark in its trademark clearinghouse. The fine print of this new right
> reads closer to "trademark + 50 derivations of that mark */for each
> trademark label"./*
>
> So for example, for big brand companies like Apple, who will have a
> trademark registration in 30 countries for the word IPOD, ICANN will
> be assigning each of those separate registrations for the same
> trademark a new "trademark label", and /each trademark label/ will be
> allowed to block registrations of the trademark +50 derivations.
>
> So in the Apple/IPOD example, Apple will be able block registrations
> for the TM + 1500 derivations of that mark (30 countries x 50
> derivations = 1500). And ICANN staff confirmed that this is how
> staff's policy is designed to work on the webinar today.
>
> So this very practical example shows how half-baked staff's proposal
> truly is. Had the community ever been allowed to develop this
> proposal, these little "oopsies" could have been avoided. Of course
> it isn't an "oopsy" for the TM lobbyists who created the proposal -
> its a gigantic windfall of rights that exist no where in law, obtained
> no community consensus, and chill the speech of thousands of other
> lawful uses of a word.
>
> This very important distinction between a trademark and trademark
> label shows how big brands will in fact be able to block thousands of
> unrelated, lawful expression in the DNS. But ICANN promised that it
> won't be creating new rights with its policies, so I guess we don't
> have to worry and should trust them....
>
> Sigh,
> Robin
>
> IP JUSTICE
> Robin Gross, Executive Director
> 1192 Haight Street, San Francisco, CA 94117 USA
> p: +1-415-553-6261 f: +1-415-462-6451
> w: http://www.ipjustice.org e: [log in to unmask]
> <mailto:[log in to unmask]>
>
>
>
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