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    Highlights of the ICANNWatch Archive
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    This discussion has been archived. No new comments can be posted.
    US Govt. Agency Says .us Procurement (Partly) Unlawful | Log in/Create an Account | Top | 59 comments | Search Discussion
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    Re: ICANN Boards must be quiet...
    by Grumpy on Friday February 15 2002, @12:48PM (#4888)
    User #2759 Info
    now that Mr. Anderson has made it here to begin singing his same tired song. A couple thoughts:

    1. Please provide a link to Jerry Davis' "ratification" of your proposed approach. I've seen this claim made numerous times without substantiation.

    2. Please explain how your 4LD and 3LD solutions really benefits the consumer any better than the current situation. In particular, how are consumers supposed to know which term best describes the goods or services in question? Should the hungry consumer, seeking a famous pizza place in New York, look for rays.pizza.us.reg, rays.restaurant.us.reg or rays.pizzapalace.us.reg? Oh, wait, should it be rays.pizza.ny.us.reg?

    3. Perhaps a directory page (like the .museum SLD pages) would work... but what consumer is truly going to search through the thousands of directory entries in computer.uk.reg just to learn that the company they really want is really in computer.jp.reg?

    Coming back to the original point of the post, SBA's objection to the sunrise period, I can't see a new TLD being launched without a sunrise period unless it's so regulated and limited from the beginning (a la .museum) that there's no incentive for speculators to grab territory corresponding to inherently distinctive trademarks.

    - Grumpy
    [ Reply to This | Parent ]
    Re: ICANN Boards must be quiet... by Grumpy
    Re: ICANN Boards must be quiet...
    by WIPOorgUK on Saturday February 16 2002, @01:22AM (#4893)
    User #3146 Info | http://wipo.org.uk/
    > now that Mr. Anderson has made it here to begin singing his same tired song.

    Congrats - never has a handle more suited anyone Grumpy ;-)

    I presume you are a lawyer, trademark owner or member of the authorities?

    > 1. Please provide a link to Jerry Davis' "ratification" of your proposed approach. I've seen this claim made numerous times without substantiation.

    He has put forward similar proposal. Incidentally his name is Gerry. Communication was via private email. You do not see him suing me do you?

    Anyhow - any trademark lawyer will tell you the exact same:

    Every trademark is distinctive from others or declared invalid. Therefore, they can all be separated by its uniqueness.

    I personally challenge you to find lawyer that says anything to the contrary.

    Try to get one to deny it - you will not - it is the TRUTH.

    > 2. Please explain how your 4LD and 3LD solutions really benefits the consumer any better than the current situation. In particular, how are consumers supposed to know which term best describes the goods or services in question?

    Ah - so you are one of those, then. Somebody who likes to make things more complicated than they are. You mix registered and unregistered marks together.

    Why do you think there are different types of mark?

    So they can be differentiated, of course. It is why a different TLD is required for unregistered trademarks.

    You are talking of the directory functionality of solution - as opposed to its authentication functionality.

    I presume even you can tell the difference between apple.COMPUTER.US.reg and apple.RECORD.UK.reg ?

    Any lawyer will tell you, classifications are already clearly defined in trademark law.

    > 3. Perhaps a directory page (like the .museum SLD pages) would work... but what consumer is truly going to search through the thousands of directory entries in computer.uk.reg just to learn that the company they really want is really in computer.jp.reg?

    No, you definately are not a lawyer ;-)

    For it to be used as trademark, it has to be unique.

    > Coming back to the original point of the post, SBA's objection to the sunrise period, I can't see a new TLD being launched without a sunrise period unless it's so regulated and limited from the beginning (a la .museum) that there's no incentive for speculators to grab territory corresponding to inherently distinctive trademarks.

    I have had a lawyer admit, that Sunrise is bull* propaganda. Please tell me how will this allow all trademarks to use their mark - when they have to fight others using same words or initials for it?

    Please tell me - why Sunrise does not give one trademark dominance over another with same words or initials e.g. WTO.us ?

    Please tell me - why Sunrise does not abridge the words that people may use?
    [ Reply to This | Parent ]
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