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

[<icann@xxxxxxxxxxxxxx>]

I agree this is an issue the BC should address, as it is another bad
precedent of "GAC Rule".  

 

Phil, you state the US legal position re TLD strings as trademarks, but
outside the US, at OHIM, in Denmark and quite a few other countries,
trademark authorities have granted trademark registration to TLD strings,
covering domain registry services and a wide variety of ancillary or
additional services.

 

Mike Rodenbaugh

RODENBAUGH LAW

Tel/Fax: +1.415.738.8087

 <http://rodenbaugh.com> http://rodenbaugh.com

 

From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of
Phil Corwin
Sent: Thursday, August 1, 2013 10:10 AM
To: J. Scott Evans; bc-gnso@xxxxxxxxx
Subject: RE: [bc-gnso] Report on Geograhic Indicator Debate at Durban

 

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 <mailto: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-indi
cation-protection-at-tld-level/?utm_source=post
<http://www.ip-watch.org/2013/08/01/governments-disagree-on-geographical-ind
ication-protection-at-tld-level/?utm_source=post&utm_medium=email&utm_campai
gn=alerts> &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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