FW: Comments on DAG 4
- To: <4gtld-guide@xxxxxxxxx>
- Subject: FW: Comments on DAG 4
- From: "Speed, Clare" <Clare.Speed@xxxxxxxxxxxxxxxxxxxx>
- Date: Wed, 21 Jul 2010 09:26:30 +0100
> We have serious concerns that proposed TM protections remain weak and
> We feel that the current proposal for a Trademark Clearinghouse is that it is
> not a rights protection mechanism - now little more than a database.
> Specific issues
> 1. Clarify terminology > "> substantive review > "> or > "> substantive
> examination> "> to > "> examination on absolute grounds.> "> This should
> address the problem of applicants for Gtlds basing applications/objections on
> the basis of TM registrations for purely descriptive words, obtained in
> countries which conduct no examination on absolute grounds.
> 2. Standardise the requirement for registries for claims and sunrise so
> that they are the same. The Trademark Claims and Sunrise services - in their
> present form do nothing to reduce the number of domains being registered in
> bad faith. In order to be effective, the services should be mandatory both
> pre-launch and post-launch.
> 3. Widen the definition of "identical match" to encompass "obvious
> misspellings" eg Yahooo, Koddak. In practice, most cases of TM infringement
> relate to misspellings, rather than pure identical matches (a review of the
> decided UDRP cases supports this claim). Without this, the effect of
> Clearing-house as a rights protection mechanism is weakened so as to be
> virtually non-existent.
> 4. Review the URS proposal in DAG4 > -> with all the alterations, it has
> been eroded from being an immediate and helpful take-down service for the
> most blatant infringements to a weaker version of the UDRP (cheaper but no
> speedier and weak means of redress ie no means of transferring the domain to
> the complainant).
> 5. Clarify what is meant by requirement for the Registry operator to have
> engaged in > "> affirmative conduct> "> > -> if the threshold is too high,
> then risk is that the usefulness of the PDDRP as a rights protection
> mechanism is in doubt.
> In our view, the overarching TM issues have not been resolved. It would not
> be a backwards step to re-form the IRT - it is certainly the case that
> changes are needed and the IRT (a body with legal knowledge and practical TM
> law experience) is well-placed to advise in this area.
> Clare Speed
> Trade Mark Attorney
> D +44 (0)1753 446744 M+44 (0)7967 575784
> Reckitt Benckiser Group plc, 103-105 Bath Road
> Slough, Berkshire SL1 3UH, United Kingdom
> T +44 (0) 1753 217800 F +44 (0) 1753 217899
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