Kleiman's comments on the Trademark proposals

[Kathy Kleiman]

Dear Konstantinos and All,
Tx so much for your comments. I really appreciate them -- and appreciate
Milton posting my comments as I was out of town yesterday.

I don't know many of you, but the debates today are similar to the
debates we held a decade ago (when I served as NCUC's first North
American representative to the Names Council). The Intellectual Property
Constituency, and its many members, see "The Root" as one of the few
places of the Internet that
can be regulated globally. They seek to create entirely new rights
online -- rights that don't exist anywhere in the real world.

They have stopped the creation of large numbers of new gTLDs for many
years -- and I truly hope that cost of opening up the root Will Not
be to give them many extra, new rights -- of the type they are requesting.

Who will fight the good fight in Sydney?  Who will talk to like-minded
registrars and registries -- and they are out there and share our concerns?
Best and tx for continuing the good work,
Kathy (Kleiman)
> Fantastic Kathy --  the essence of the new proposal is the detrimental
> effect it has upon trademark law and it really sets new criteria
> contrary to the way trademark rights have evolved throughout the
> years. It is more or less obvious what results the new gTLD proposal
> will have upon trademark regimes and I also heard the rumor that even
> ICANN themselves are anticipating that the new plan is going to have a
> negative impact (50% failure, which is quite high); however, it will
> certainly generate more money.
> Unfortunately, I won't be in Sydney to engage in any debate but I will
> keep up with the discussions. Does ICANN even take on board these
> concerns? Most likely not....
>
> Best
>
> K
>
>
> On 25/05/2009 23:59, "Mary Wong" <mwong at PIERCELAW.EDU> wrote:
>
>     I'm glad to see more comments and contributions from NCUC'ers and
>     like-minded friends on the IRT proposals!
>
>     While my take on the IRT report may differ to some extent from
>     some of you (I'm on the IRT), I think it's important to make those
>     public comments so that divergent views and alternative proposals
>     can emerge.
>
>     The final IRT report will be released toward the end of this week,
>     and I encourage everyone with an interest in the intersection of
>     trademark law and domain name policy, as well as those who are
>     concerned about how the new gTLDs will operate, to track it and
>     comment.
>
>     I will be happy to discuss the final report once it's released;
>     there will also be a public forum at the Sydney meeting that I
>     encourage everyone who will be there to attend.
>
>     Best,
>     Mary
>
>     *Mary W S Wong
>     * Professor of Law
>     Franklin Pierce Law Center
>     Two White Street
>     Concord, NH 03301
>     USA
>     Email: mwong at piercelaw.edu
>     Phone: 1-603-513-5143
>     Webpage: http://www.piercelaw.edu/marywong/index.php
>     Selected writings available on the Social Science Research Network
>     (SSRN) at: http://ssrn.com/author=437584
>
>
>     >>> Robin Gross <robin at IPJUSTICE.ORG> 5/25/2009 5:50 PM >>>
>     Wonderful, Kathy!  Excellent work!
>
>     Thank you,
>     Robin
>
>
>     On May 25, 2009, at 2:01 PM, Milton L Mueller wrote:
>
>         Really excellent comments, please read
>         http://forum.icann.org/lists/irt-draft-report/msg00068.html
>
>         Shows how the IRT proposals are a power grab that go way
>         beyond trademark law and ICANN's mission.
>
>         Milton Mueller
>         Professor, Syracuse University School of Information Studies
>         XS4All Professor, Delft University of Technology
>         ------------------------------
>         Internet Governance Project:
>         http://internetgovernance.org
>
>
>
>
>
>     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: robin at ipjustice.org
>
>
>
>
>
> --
> Dr. Konstantinos Komaitis,
> Lecturer in Law,
> GigaNet Membership Chair,
> University of Strathclyde,
> The Lord Hope Building,
> 141 St. James Road,
> Glasgow, G4 0LT,
> UK
> tel: +44 (0)141 548 4306
> email: k.komaitis at strath.ac.uk

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