RE: [bc-gnso] Report on Geograhic Indicator Debate at Durban

[Phil Corwin <psc@xxxxxxxxxxx>]

J. Scott:

Without taking any position at this time as to whether the BC should weigh in 
on this issue or what our position should be, I want to raise a point of 
information -

As I understand it, your concern is that the GAC has created a regional right 
in two geographic indicators which does not exist at law and that this is 
trumping a trademark right registered in multiple nations, including those 
raising objections . Putting aside the fact that the GAC can object for any 
reason without citing a legal basis (although the basis or lack thereof can be 
taken into account by the ICANN Board when considering whether to adopt the GAC 
advice), what is the strength of the purported trademark rights at the top 
level of the DNS when, up to now, trademark authorities and courts have held 
the position that no trademark rights can exist in a TLD because it cannot 
(examples: .com, .uk) serve as a source identifier? I concede that this view 
could change for at least some TLDs (e.g., .brands) as the new ones roll out, 
but that is the state of the law at this time as I understand it.

Thanks for any light you can shed on this question.

Regards,
Philip

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: J. Scott Evans [mailto:jscottevans@xxxxxxxxx]
Sent: Thursday, August 01, 2013 12:10 PM
To: Phil Corwin; bc-gnso@xxxxxxxxx
Subject: RE: [bc-gnso] Report on Geograhic Indicator Debate at Durban

I am telling you all this is a dangerous precedent. I hereby request that the 
BC take up this issue and develop a formal opinion in this specific issue and 
the broader issue of the GAC's role.

I am happy to lead this effort.

J. Scott

Sent from Yahoo! Mail for iPhone


________________________________
From: Phil Corwin <psc@xxxxxxxxxxx<mailto:psc@xxxxxxxxxxx>>;
To: bc-gnso@xxxxxxxxx<mailto:bc-gnso@xxxxxxxxx> 
<bc-gnso@xxxxxxxxx<mailto:bc-gnso@xxxxxxxxx>>;
Subject: [bc-gnso] Report on Geograhic Indicator Debate at Durban
Sent: Thu, Aug 1, 2013 3:58:37 PM

http://www.ip-watch.org/2013/08/01/governments-disagree-on-geographical-indication-protection-at-tld-level/?utm_source=post&utm_medium=email&utm_campaign=alerts

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey


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