Comments on the Draft Rights Protection Mechanism Review paper - now finishing ICANN Public Comment

[Sam Lanfranco]

Timothe Litt’s question “What about non-trademark holders rights?” is 
central here. As things stand the non-trademark domain name holder is a 
sitting duck to be picked of, and pushed aside, almost at will by anyone 
with deep pockets.

I have been trying to make sense of the recent WIPO rapid dispute 
resolution decision whereby the U.S. serial scheme entrepreneur Donald 
Trump took the domain name trumpcard.com from an individual who had 
acquired the domain name two years before Donald Trump got a trademark 
on “trumpcard”, that in a deal involving a Donald Trump branded credit 
card.

The one person dispute resolution panel concluded that the domain site 
was using Donald Trump’s trademark despite the fact that the term 
“trumpcard” in its current meaning has been around for 700 years and the 
domain name registration predated the trademark by two years.

As I noted in an earlier posting the U.S. trademark office recently 
awarded a trademark on the word “Idea”, so if you think you have an idea 
about this topic, you should call it something else so as to not be in 
violation of trademark intellectual property rights.

Sam L.



On 29/04/2015 7:29 PM, Kathy Kleiman wrote:
> From:
> "Timothe Litt" <litt at acm.org>
>
> To:
> "Kathy Kleiman" <kathy at KATHYKLEIMAN.COM>, "NCSG-Discuss" 
> <NCSG-DISCUSS at LISTSERV.SYR.EDU>
> Cc:
>
> Sent:
> Wed, 29 Apr 2015 18:13:12 -0400
> Subject:
> Re: Comments on the Draft Rights Protection Mechanism Review paper - 
> now finishing ICANN Public Comment
>
>
> Kathy,
>
> No doubt you'll be unsurprised by my reaction But I'll say it anyway.
>
> What about non-trademark holders rights? 


-- 
------------------------------------------------
"It is a disgrace to be rich and honoured
in an unjust state" -Confucius
------------------------------------------------
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
email: Lanfran at Yorku.ca   Skype: slanfranco
blog:  http://samlanfranco.blogspot.com
Phone: +1 613-476-0429 cell: +1 416-816-2852

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ncsg.is/pipermail/ncsg-discuss/attachments/20150429/39748626/attachment.htm>