Timothe
Litt’s question “What
about
non-trademark holders rights?” is central here. As things stand
the
non-trademark domain name holder is a sitting duck to be picked
of, and pushed
aside, almost at will by anyone with deep pockets. I have been trying to make
sense of the recent
WIPO rapid dispute resolution decision whereby the U.S. serial
scheme entrepreneur
Donald Trump took the domain name trumpcard.com from an
individual who had acquired
the domain name two years before Donald Trump got a trademark on
“trumpcard”,
that in a deal involving a Donald Trump branded credit card.
The one
person dispute resolution panel concluded that the domain site
was using Donald
Trump’s trademark despite the fact that the term “trumpcard” in
its current
meaning has been around for 700 years and the domain name
registration predated the
trademark by two years.
As I
noted in an earlier posting the U.S. trademark office recently
awarded a
trademark on the word “Idea”, so if you think you have an idea
about this topic, you should call it something else so as to not
be in violation of trademark intellectual
property rights.
Re: Comments on the Draft Rights Protection Mechanism Review paper
- now finishing ICANN Public Comment
Kathy,
No doubt you'll be unsurprised by my reaction But I'll say it
anyway.
What about non-trademark holders rights?
--
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"It is a disgrace to be rich and honoured
in an unjust state" -Confucius
------------------------------------------------
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
email: [log in to unmask] Skype: slanfranco
blog: http://samlanfranco.blogspot.com
Phone: +1 613-476-0429 cell: +1 416-816-2852