<html>
<head>
<meta content="text/html; charset=utf-8" http-equiv="Content-Type">
</head>
<body bgcolor="#FFFFFF" text="#330033">
Sounded that way to me too.<br>
<br>
avri<br>
<br>
<div class="moz-cite-prefix">On 27-Dec-14 10:55, Milton L Mueller
wrote:<br>
</div>
<blockquote
cite="mid:0168233235f34a2391d9760c664fe895@EX13-MBX-13.ad.syr.edu"
type="cite">
<meta http-equiv="Context-Type" content="text/html; charset=utf-8">
<meta name="Generator" content="Microsoft Word 15 (filtered
medium)">
<div class="WordSection1">
<p class="MsoNormal"><span>A great initiative, good to see NPOC
taking the lead on this, I know you have some expert TM
people (e.g., Lori). I think NCSG as a whole should be able
to get behind this. </span></p>
<p class="MsoNormal"><span> </span></p>
<p class="MsoNormal"><span>--MM</span></p>
<p class="MsoNormal"><a moz-do-not-send="true"
name="_MailEndCompose"><span> </span></a></p>
<div>
<div>
<div>
<p class="MsoNormal"><b><span>From:</span></b><span>
NCSG-Discuss [<a class="moz-txt-link-freetext" href="mailto:NCSG-DISCUSS@LISTSERV.SYR.EDU">mailto:NCSG-DISCUSS@LISTSERV.SYR.EDU</a>]
<b>On Behalf Of </b>Sam Lanfranco<br>
<b>Sent:</b> Friday, December 26, 2014 10:56 PM<br>
<b>To:</b> <a class="moz-txt-link-abbreviated" href="mailto:NCSG-DISCUSS@LISTSERV.SYR.EDU">NCSG-DISCUSS@LISTSERV.SYR.EDU</a><br>
<b>Subject:</b> [NCSG-Discuss] NPO/Civil Society Issue
in European Union Proposals for Internet Domain Name
Policy</span></p>
</div>
</div>
<p class="MsoNormal"> </p>
<pre>NCSG Colleagues,</pre>
<pre> </pre>
<p class="MsoNormal"><tt><span>NPOC is completing its internal
stakeholder consultation on the following issue. NPOC
will submit a request to the European Union and asking
them to remove some problematic wording in their
proposed revision ofthe European Union Regulation on the
Community Trade Mark and the European Union Directive
Relating to Trade Marks. The issue context, background,
analysis and proposed NPOC response are contained below:
</span></tt><span><br>
<br>
<tt>*/Issue Context:/* There are Internet domain name
policy discussions going on in the European Union (EU)
that can have a serious negative impact on the ability
of not-for-profit and civil society organizations to
select appropriate website/domain names and email
address strings.There is a window of opportunity to
object to the draft proposals via public comment
submissions to the final discussions. The chances for
successful objection are good. Most of the intent of the
wording can be achieved by existing legislation that
does not pose problems for the not-for-profit and civil
society community. This same issue is being discussion
in the Internet Intellectual Property community since it
also has negative consequences for commercial
organizations. Feel free to share this information. </tt><br>
<br>
<tt>*/Background:/* The EU is engaged in an ongoing
reformation of the European Union Regulation on the
Community Trade Mark ("the Regulation") and the European
Union Directive Relating to Trade Marks ("the
Directive"). Both have potentially severe impacts on the
internet and the domain name industry. In their present
codification, the Regulation and the Directive describe
the rights conferred by ownership of a Community Trade
Mark (a.k.a. sign) and attempt to harmonize national and
local trade mark regimes. The existing Regulation and
Directive prohibit the following types of listed conduct
by one who does not own the trade mark (sign):</tt></span></p>
<pre> . Affixing the sign to the goods or to the packaging thereof</pre>
<pre> . Offering the goods, putting them on the market or stocking them</pre>
<pre> for these purposes under that sign, or offering or supplying services thereunder;</pre>
<pre> . Importing or exporting the goods under that sign</pre>
<pre> . Using the sign on business papers and in advertising</pre>
<pre> </pre>
<p class="MsoNormal"><tt><span>The proposed revisions by the
European Council explicitly insert prohibitions
concerning domain names. The more important wording is
below after the /[...]and in italics/.
</span></tt></p>
<pre> /. /Using the sign as a trade or company name/[...], <i>or as a domain name, or as a part thereof.</i> [<i>emphasis added</i>]</pre>
<pre> </pre>
<p class="MsoNormal"><tt><span>The IP community opinion is
that this language is unnecessary, superfluous, sloppy
and poorly suited for the dynamic nature of the
Internet, as well as adequately covered under existing
rights conferred by a Community Trade Mark that already
extend to Internet domain names. The fear is that among
other problems the proposed amendment would likely:</span></tt></p>
<pre> 1.Embolden spurious complaints against non-commercial uses, improperly elevating all domain names as being analogous to "a trade or company name";</pre>
<pre> 2.Have a chilling effect on non-commercial expression by registrants in the European Union; and</pre>
<pre> 3.Result in an aggregate negative impact on domain name registration and renewal rates among registrants, including NPO/Civil Society registrants, in the European Union.</pre>
<pre> </pre>
<p class="MsoNormal"><tt><span>There is time to weigh in and
oppose this proposed amendment. Final negotiations
recently began between the European Parliament (EP) and
the European Council (EC), with the European Commission
serving as a quasi-mediator. These "Trilogue"
negotiations will likely continue until early 2015.
</span></tt><span><br>
<br>
<tt>*/Analysis:/*[by Sam Lanfranco] While this amendment
is talking about EU regulations I will use an Africa
example where I am personally involved to underscore the
nature of the problem. I am the Director of ICT for
science, technology and development (ICT4STD) in the
/Society for the Advancement of Science in Africa
(/SASA/)/ The SASA acronym is widely used just in South
Africa alone: South African Sugar Association; South
African Statistical Association; South African Society
of Anaesthesiologists; and the long established South
African Society of Artists. It has wide use elsewhere.
The SASA I work with is an NPO and owns the
sasascience.org domain name.
</tt><br>
<br>
<tt>Currently SA SA Overseas Ltd, an Asian clothing
company, owns the global rights to SASA. At the time of
registering the trademark it even wrongly claimed that
the word "sasa" had no meaning in foreign languages. In
Swahili SASA has a meaning a bit like "now, or "alive".
It also has a Samoan meaning. [/That highlights another
problem with elevating words to "signs"in the domain
name world./]
</tt><br>
<br>
<tt>The proposed EU legislation could pose problems for
the sasascience.org domain name since it is using the
trademarked SASA as a part of a domain name. Should it,
for example, buy sasa.net -- which is for sale -- it
could likewise be at risk under the proposed
legislation. It is impossible to assess if that risk is
high or low, but it would expose SASA the NPO to risks
from internet trolls and other trademark owners. There
is also a risk that this proposed wording could be
understood as the EU unilaterally expanding the rights
conferred by a Community Trade Mark. </tt><br>
<br>
<tt>Whether or not this exposes NPO/Civil Society domain
names to risk only within the boundaries of the EU, or
opens up the option for EU serving as a litigation site
that puts such domain names at risk everywhere is
unclear. What appears clear is that the wording does
pose risks for NPO/Civil Society organizations, and that
the wording is unnecessary given the existing rights of
a Community Trade Mark.</tt><br>
<tt>-------------------</tt><br>
<br>
<tt>Sam </tt></span></p>
</div>
</div>
</blockquote>
<br>
</body>
</html>