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Just found this posted and contains some very disturbing proposals.
It is advisable to read this in its entirety to make sure you understand the scope of it.
The summation is not enough to show you how deep and costly this is should this be enacted.
ICA: Trademark Holders Attempting To Greatly Expand Their Rights Through The New gTLD Process
Trademark interests, like CADNA, are actively trying to use the new gTLD process, to obtain substantial changes in current trademark protection to greatly expand their existing rights.
Of greatest concern is the fact that they are seeking:
1. A global brand registry, that has the potential to expand trademark rights well beyond the bounds of current law, by giving special protection to trademark ownersâ âvirtual rightsâ beyond the relevant marketplace and geographic restrictions of Trademark law;
2. A no cost, no notice, quick takedown procedure that would supplant the UDRP, for allegedly abusive domains, thereby eroding due process rights of domain registrants;
3. A loser pays UDRP format, it is more likely to result in an increased surrender of domains subject to UDRP[/SIZE] actions as the potential cost of a losing defense would increase substantially (especially given the hourly rates charged by the law firms employed by major corporate TM owners).
4. Any rules set up for the new gTLDs, probably be imposed retroactively on incumbent gTLDs including .com, .net and .orgâs.
5. Given inordinate power to national governments over geo-related names at the first and second level of new gTLDs.
must read this in its entirety
- effects every domainer.
It is advisable to read this in its entirety to make sure you understand the scope of it.
The summation is not enough to show you how deep and costly this is should this be enacted.
ICA: Trademark Holders Attempting To Greatly Expand Their Rights Through The New gTLD Process
Trademark interests, like CADNA, are actively trying to use the new gTLD process, to obtain substantial changes in current trademark protection to greatly expand their existing rights.
Of greatest concern is the fact that they are seeking:
1. A global brand registry, that has the potential to expand trademark rights well beyond the bounds of current law, by giving special protection to trademark ownersâ âvirtual rightsâ beyond the relevant marketplace and geographic restrictions of Trademark law;
2. A no cost, no notice, quick takedown procedure that would supplant the UDRP, for allegedly abusive domains, thereby eroding due process rights of domain registrants;
3. A loser pays UDRP format, it is more likely to result in an increased surrender of domains subject to UDRP[/SIZE] actions as the potential cost of a losing defense would increase substantially (especially given the hourly rates charged by the law firms employed by major corporate TM owners).
4. Any rules set up for the new gTLDs, probably be imposed retroactively on incumbent gTLDs including .com, .net and .orgâs.
5. Given inordinate power to national governments over geo-related names at the first and second level of new gTLDs.
must read this in its entirety
- effects every domainer.
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