[NCSG-Discuss] Actually ICANN is creating new rights for THOUSANDS of derivations of a big brand TM, not 50 like staff claims in the large print. It is TM+50 derivations of each trademark label in the small print

[Robin Gross]

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: robin at ipjustice.org



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