New gTLD hopefuls play trademark games in EU, too

[Joly MacFie]

oh and,

http://forum.icann.org/lists/eoi-new-gtlds/msg00072.html

1 Dec 2009

Constantine Roussos:

"(W)ithin the scope of 'front-running,' we agree that ICANN should impose
rules against 'front-running' schemes for new TLDs, particularly relative to
"pre-emptive trademarking." Speculative trademarks filed for non-awarded
TLDs should bear no weight in the ICANN new TLD process. We regrettably note
that since ICANN Cairo, and before, several companies/initiatives were
constrained to defensively seek trademarks for new TLDs after being faced by
other companies/initiatives that secured speculative trademarks in an
attempt to front-run the system. Perhaps they 'hope' to 'benefit' in their
application and/or from an objection position. All new TLDs must be issued
on the substantive merits of new TLD applicants and their applications, and
not by any front-running scheme."


On Fri, Apr 6, 2012 at 5:03 PM, Joly MacFie <joly at punkcast.com> wrote:
> (sigh)
>
> http://domainnamewire.com/2012/04/06/new-tld-trademark-eu/
>
> New gTLD hopefuls play trademark games in EU, too
> Friday, April 6th, 2012
>
> French lawyer with ICANN, NAF, and WIPO connections helps new TLD
> applicants file
> trademarks for prospective top level domains.
>
> I've chronicled many of the attempts by new gTLD hopefuls to
> "frontrun" trademarks for new
> TLDs in the United States. Here are 115 examples.
>
> But that's just in the U.S. system. And it's not a huge threat since
> the U.S. Patent and
> Trademark Office is rejecting these applications.
>
> Yet there's some trademarking activity in the European Union as well.
>
> One of the prolific filers is Constantine Roussos, who is behind one
> of the .music
> initiatives.
>
> Back in 2009 he successfully registered two stylized trademarks for
> dot music with the
> Trade Marks and Design Registrations Office of the European Union. He
> later tried to file
> a similar one in the U.S. but was rebuffed.
>
> While ICANN doesn't care about existing "dot" trademarks, it's
> possible these trademarks
> will cause TLDs to get tied up in the courts.
>
> In 2010 Roussos commented to ICANN:
>
>    Rest assured that if we, as .MUSIC are faced with the possibility
> of being gamed and
> abused in a manner that we find illegal, we will use our trademarks
> and other means
> necessary to do what we have to do to protect ourselves and our
> respective community.
> While trademarks alone should not be the sole determinant of earning a
> TLD, it is the only
> means we have of protection, since ICANN has not incorporated any
> mechanisms to prevent
> TLD applicant abuse, gaming and unfair piggybacking from other initiatives.
>
> Now it's not just .music Roussos is after. He has filed 21 additional
> applications since
> December 30. They all have stylized logos like these:
>

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