In response and opposition to Business Constituency,

[Toren Chikalut <tochikalut@xxxxxxxxxxxxxx>]

Dear Icann & Business Constituency,

*1.      **It has been proven again and again, and in many Reverse Domain
Name Hijacking cases (RDNH) *http://hallofshame.com *that having a
trademark on a generic name doesn't not give you any rights for that
generic domain. By being generic it means its open to all, and not to be
given as first priority to a TM owner.*

*2.      **Beyond that,  there was a major uproar and objection for new
generic gTLD's being closed for the public. The reason being that they
belong to..  the public! And not to the registries or to companies who have
a TM  on those generic words.*

*3.      **Needles to remind you all that having a TM on .Music or any new
gTLD' got thrown out of the LRO.  Reason simply being that having a TM on a
generic doesn’t not mean you get first rights.*


*What is you fear?? Are you out to game the system? Otherwise allow the
registries to reserve names!! Please tell us the truth. So we can know if
you are going to manipulate the system(??)*


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 TM owners have NO rights whatsoever over any generic domain
name!! *

*As you know *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,Ebay 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.

*I believe that Registries should  have a right to have a reserved list
which shall include generic terms (ASCII & IDN) even if they exist within
the TMCH*, and should not be subjected to the TMCH.

Regards,

Toren