WTR: Trademark Owners Plan to A Big Push For More Protection Before ICANN March Meeting

According to the WorldTrademarkReview.com, trademark holders are planning on making a big push for more protections for them and less rights for domain name holders during the ICANN board meets with the Government Advisory Council (GAC) next month before the ICANN March meeting in SF.

The GAC is an ICANN advisory group made up of representatives from many governments.

As we reported from the ICANN Colombia meeting, the Government representatives which apparently were heavily and effective lobbied by the trademark interests gave the ICANN board a good working over regarding not having enough protections for trademark holders.

Of course trademark holders protections come at the expense of domain holders which as we have discussed for years, have for whatever reasons, by in large had no interest in ICANN matters or spending money to lobby decision makers.

“”Thanks to the strident approach of ICANN’s Government Advisory Committee (GAC), brand owners have won what is being described as an “unprecedented opportunity” to convince ICANN’s board of how to protect trademarks rights under new gTLDs. The board has agreed to meet with the GAC in a meeting rumoured to be planned for 28 February to 1 March in Brussels. Meanwhile, the GAC has appointed one person to collect community thought on this topic: UK government representative Mark Carvell. Carvell called a meeting in London last Friday to hear industry’s suggestions for how to overcome the stalemate of rights protection. With input from Vodafone, BBC, Richemont, BSkyB, News International and Shell, the discussion kept returning to the IRT recommendations.””

Still on the trademark holders wish list are the:

The globally protected marks list (GPML).

Making The Uniform Rapid Suspension (URS) system cheaper and quicker for trademark holders to take domains away.

“I’ve heard there’s the attitude among the board to revisit the URS,” Carvell was told by one source. “There is a chance that you could get the board to roll back to the original URS.”

“Alternatively, the GAC could start higher with the strategy of settling on mechanisms similar to those proposed by the IRT.”

Mr. Carvell as we reported from the ICANN Colombia meeting was the most outspoken of the Government representatives and it seems he wants even stricter more comprehensive protections for trademark holders.

Again more protections for Trademark Holders means less protection for domain holders, so you should keep you eye on the Board meeting with the GAC is

Comments

  1. says

    The main problem with TMs is there need to be common sense middle ground.

    You have some companies than think they can own ultra generic terms on one side, take AOL’s ridiculous dispute of Ad.com, Tiger.com (Tiger Direct), Ashley.com (Ashley Furniture) then on the other side you have domainers who just blatantly squat on TM domains with no generic uses.

    Brad

  2. says

    Hello Mike,

    I actually abhore trademarks because they are an impediment to new innovators expanding internet business expansion. Having said that I have used the trademark system myself to protect my interests. It is a double edged sword,for sure. There are those who use trademarks to stifle their competition ,which in turn discourages the expansion of business on the internet. I wish there was an answer to this dilema,because there are millions of unemployed people who deserve an opportunity. I and others are working on ideas to even the playing field. My hope is that someday there will be no impediments to business creation on the internet.

    Gratefully, Jeff Schneider (Contact Group) (Metal Tiger)

  3. Landon White says

    SHOULD ‘W I P O :

    BE UNDER INVESTIGATION ?

    TODAY World Intellectual Property Organization panelist
    J. Nelson Landry orders
    VAX.com (a 3 letter) Domain transferred to the plaintiff.

    Panelist Nelson Landry has handled a total of 69 cases for W I P O
    and found everytime for the plaintive in all but ONE (1) CASE/

    Fishy or Not?

  4. LS Morgan says

    “There are those who use trademarks to stifle their competition ,which in turn discourages the expansion of business on the internet. ”

    How in gods name do trademarks stifle competition?
    You think anyone should be able to call themselves McDonalds, use the Golden Arches and sell whatever they want? Or that any company in China should be permitted to sell “Apple” Computers?

    All trademarks do is ensure that you don’t spend a ton of money marketing your brand so some jagoff can come along, clone your trade dress and rip off your money and hard work. Trademarks were one of the few things we’ve done right; by acknowledging that there’s a great deal of value in distinct brands and marketing and that value should be protected.

    Examples of corporations abusing the UDRP process to hijack otherwise generic domain names is NOT an example of the “trademark system” at work. It’s an example of the trademark concept being abused by appealing to a lesser, kangaroo court @ WIPO.

  5. Landon White says

    @ LS Morgan
    the UDRP process to hijack otherwise generic domain names is NOT an example of the “trademark system” at work. It’s an example of the trademark concept being abused by appealing to a lesser, kangaroo court @ WIPO.
    —————————–

    WIPO the A/K/A the Kangaroo Court does not fall under tbe “cannon of ethics” set by the American Bar Association, that code of ethics as
    such does not hold jurisdiction in that WIPO and ICANN’s
    “self appointed Court of Law” IS ILLEGAL and does not fall under the law of the land
    and said “rules of civil procedure”,
    n fact “there are no rules of procedure” and as sauce NO means to measure incompetent, unbiased, corrupt and self serving panelist’s

    The whole system is also unconstitutional and any agreement with a Domain Registrar should not stand to waive ones rights to remedy at law and such contractual law does not supersede federal law.and would stand if challenged..

    The only question is WHEN …
    will it be challenged in a REAL Court of Law?

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