RE: FW: [gnso-igo-ingo] Qualification Criteria - common ground?

["Shatan, Gregory S." <GShatan@xxxxxxxxxxxxx>]

Evan,

As you yourself have acknowledged, we are considering a spectrum of potential 
protections, not merely so-called “blocking mechanisms.”  We are not talking 
here about qualification criteria for a reserved name (or any other particular 
RPM), we are talking about a threshold qualification for further consideration 
by the WG.  We won’t even get to the question of whether reserved names as a 
particular RPM should require a particular set of criteria if our criteria are 
so high that all INGOs save two are eliminated at the gates, or what the role 
of “harm and abuse” is.

Furthermore, my concern is not just that the bar is too high, but that it is 
arbitrary in either of these options.

From: evanleibovitch@xxxxxxxxx [mailto:evanleibovitch@xxxxxxxxx] On Behalf Of 
Evan Leibovitch
Sent: Wednesday, February 13, 2013 2:11 PM
To: Shatan, Gregory S.
Cc: gnso-igo-ingo@xxxxxxxxx
Subject: Re: FW: [gnso-igo-ingo] Qualification Criteria - common ground?


Hi Gregory.

On 13 February 2013 13:05, Shatan, Gregory S. 
<GShatan@xxxxxxxxxxxxx<mailto:GShatan@xxxxxxxxxxxxx>> wrote:
I am deeply troubled by both Option A and “Option C” (to use Avri’s term for 
the disjunctive “or” version of Option A).   Unless we adopt broad meanings to 
both the first and second prongs of these option, either of these options will 
have the effect of eliminating virtually every INGO (other than the IOC and the 
RCRC) from our further consideration, and may have similar effects for IGOs as 
well.

Without a clear and non-hypothetical demonstration of harm and abuse, there is 
excellent  reason to have a high bar regarding the provision of blocking 
mechanisms that are not even available to international trademark holders.

On other words, I'm not troubled by this.

- Evan





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