RE: [gnso-sti] Identical match for Sunrise - what's already been done

["Mike Rodenbaugh" <icann@xxxxxxxxxxxxxx>]

We must do better than any of the unsponsored registries have done.  That is
the gist of the overarching issue that has been identified as a roadblock to
new gTLD implementation.  

 

Weren't you recently complaining about 'best practices' because if some
registries adopt them, the others will be deemed inferior?  How does that
square with your apparent lack of concern for allowing some registries to do
better than others?  Can't they then be deemed 'best practices' anyway, by
those registries, courts, and/or consumers?  We should always allow
registries to do better than the minimum, but we have to raise the minimum
bar higher than it has been previously set.  

 

No good reason has been offered why not to allow common law marks into the
database, and require registries to acknowledge them.  If we are going to do
anything about the cybersquatting problem, this must be done.  Many famous,
and many small companies have many more common law marks than they have
registered marks.  It has been, and further would be ridiculous to have
protection for eBay, or Yahoo!, but not for eBay Auctions or Yahoo! Sports,
or eBay Motors or Yahoo! France, or . you get the picture.  We would be
doing extremely little to solve the problem, if our solution is limited to
exact matches of registered trademarks.

 

Mike Rodenbaugh

RODENBAUGH LAW

548 Market Street

San Francisco, CA  94104

 
<http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer
=http://rodenbaugh.com/contact> (415) 738-8087

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

From: owner-gnso-sti@xxxxxxxxx [mailto:owner-gnso-sti@xxxxxxxxx] On Behalf
Of Neuman, Jeff
Sent: Thursday, December 03, 2009 8:17 PM
To: Zahid Jamil; GNSO STI
Subject: RE: [gnso-sti] Identical match for Sunrise - what's already been
done 

 

Zahid,

 

Just because 2 sponsored registries have gone above and beyond what other
unsponsored registries have done, does not mean you have to make that the
new minimum requirement for ALL TLDs, whether community based or standard
(using the new terminology).  Registries will still have the option to go
above and beyond the minimum in the future.  

 

Jeffrey J. Neuman 
Neustar, Inc. / Vice President, Law & Policy

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From: owner-gnso-sti@xxxxxxxxx [mailto:owner-gnso-sti@xxxxxxxxx] On Behalf
Of Zahid Jamil
Sent: Thursday, December 03, 2009 9:07 PM
To: 'GNSO STI'
Subject: [gnso-sti] Identical match for Sunrise - what's already been done 

 

Dot Asia:

 

Domain Name Applied For may be constituted with Mark plus significant words
from the class description in the Nice Classification system
(http://www.wipo.int/classifications/nivilo/nice/) 

 

E.g. Mark for "XYZ" in Nice Class 1: "Chemicals" may apply for
"XYZChemicals.Asia"

 

 

Registered Entity Names

 

Domain Name Applied For must correspond with the Registered Entity Name
(i.e. company name / organization name)

 

 

Dot Tel:

 

An "Eligible Trademark" is a trademark or service mark...

 

National Effect. A trademark registration "having national effect" means
that the registration is issued by a trademark registration authority having
jurisdiction over an entire nation, such as:

(a)        national trademarks and service marks; (b)  Benelux trademarks;
and (c)  Community trademarks.

 

 

 

Wouldn't it make sense to at least have this level of protection in the
meaning of identical match for the Clearinghouse?

 

 

Sincerely,

 

 

Zahid Jamil

Barrister-at-law

Jamil & Jamil

Barristers-at-law

219-221 Central Hotel Annexe

Merewether Road, Karachi. Pakistan

Cell: +923008238230

Tel: +92 21 5680760 / 5685276 / 5655025

Fax: +92 21 5655026

 <http://www.jamilandjamil.com/> www.jamilandjamil.com

 

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