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In response to Microsoft's comment

  • To: comments-rpm-requirements-06aug13@xxxxxxxxx
  • Subject: In response to Microsoft's comment
  • From: Toren Chikalut <tochikalut@xxxxxxxxxxxxxx>
  • Date: Sat, 31 Aug 2013 21:54:57 +0300

*Dear Icann,*

*In response to Microsoft's comment I believe that Registries should  have
a right to have a reserved list which shall include generic terms even if
they exist within the TMCH*.

Microsoft, Markmoniter –what are you afraid of??

Speak out the truth!  Are you planning to manipulate the system?? Otherwise
what does it matter to you if there was a reserved list with even 10,000
names??

If you are not trying to manipulate the system then your TM's are safe but
if you are hitting on generics…then let us all know what you are up to!

Reserved lists and founder programs are of generic names in general and of
domains related to the specific TLD or community. No Registry would set
aside a reserved list for a founder program etc. with names like Facebook,
Markmoniter, Google etc. They however will reserve generic names like
books,777, diamonds and others.   So real TM owners have nothing to worry
about. If Registries are stupid and set aside specific company names that
are not generic then they will get in trouble. So the IP groups should
support this request.

There is no reason to allow the TMCH to be gamed as done in the .EU launch
and other instances.  In those cases companies entered TM within the
Sunrise of generic names, and got those names. Those names should not have
been allowed to be entered into the Sunrise stage,  and  probably should
not have been given a TM in the first place. *Obviously their TM's give
them rights to the specific name only with a graphic, picture or some
additional word. Registries delegate a domain, a name, a word and not a
word with a mark, graphic Hence they have NO rights whatsoever over any
generic name on its own.*

Nonetheless, they have in the past gotten names during Sunrise period, and
now had managed to successfully manipulate the system and will be allowed
to enter the TMCH.  In order to prevent manipulation, *the Registries
should have a right to set aside generic terms even if they are within the
TMCH*. So generics like 777, or books or police(.london) wouldn't be able
to be manipulated.

Once again, Microsoft, Markmoniter –what are you afraid of??

Speak out the truth!  Are you planning to manipulate the system?? Otherwise
what does it matter to you if there was a reserved list with even 10,000
names??

If you are not trying to manipulate the system then your TM's are safe but
if you are hitting on generics…then let us all know what you are up to!

*I request that you allow Registries to reserve Generic names even if they
are within the TMCH* and not give the TM owner first rights to those names.

Kind regards,

Toren Chikalu


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