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]> > > >