NPO/Civil Society Issue in European Union Proposals for Internet Domain Name Policy

[Robin Gross]

The traditional trademark community just doesn't want competition.  They are still IPR maximalists with respect to their own trademarks, but don't want others to have similar rights that will compete with theirs.  

We in NCSG don't like this proposal because it expands trademarks to include other things, like domain names, without having to meet a traditional TM test.  The IPC doesn't like it because they don't want to compete with these newly invented rights.  So we get to the same conclusion, but for entirely different reasons and motivations.

Best,
Robin


On Dec 29, 2014, at 8:18 AM, Nicolas Adam wrote:

> Thanks Sam
> 
> I agree with this of course, and understand the stance of registrars, but I just didn't think that the IP community had grown non-maximalist with regard domain names ;)
> 
> Nicolas
> 
> 
> On 29/12/2014 11:10 AM, Sam Lanfranco wrote:
>> Nicolas, Thanks for the question. What I meant to convey is that the IP community also is opposed to the proposed regulation on the grounds that there are existing trade mark protections elsewhere and that this wording would open a Pandora's Box of problems around domain name fights. Many registrar's are also against the wording both on principle and on the practical grounds that it would reduce domain registrations because of increased risk of litigation (TM protective or TM predatory) depending on parts of the domain name.
>> 
>> Sam 
>> 
>> On 29/12/2014 9:56 AM, Nicolas Adam wrote:
>>> Hi Sam,
>>> I am very happy too about this NPOC initiative. Under the thrust of some powerful NPOs, I sometimes was afraid that NPOC may not always recognize the value of keeping TM away from domain names.
>>> I am curious as to why you would say that "The IP community opinion is that this language is unnecessary (...)" though?
>>> Thanks
>>> Nicolas
>> 
> 

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