[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

[Nicolas Adam]

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: robin at ipjustice.org 
> <mailto:robin at ipjustice.org>
>
>
>

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