At 28/12/2009 12:33 AM, Joly MacFie wrote:
I am today following a thread on a local NY list where a fellow who has the following: <text omitted>
was contacted by the owner of:
<text omitted>
translates to mobileappstore
Although not the subject of your question, I am curious about the substance of the "contact". Was he accused of improper use of domain names, offered a business deal, or what???
<text omitted>
I've responded pointing out that the proposed TC and URS are aimed to deal with this sort of thing, and the GPML was a non-starter
My question is, how likely is it that, and how much, will the new processes apply to second-level IDN's on existing registries, or are they likely to stick with the UDRP exclusively? The TC and URS are being proposed as a component of the new gTLD process. They have nothing to do with existing gTLDs. The URS potentially could at some future point be incorporated into the current gTLD contracts by a PDP process, by contract negotiation or by a funnel request. Or a future revision of the UDRP might incorporate aspects of the URS (WIPO is currently discussing a related change that they sat will not require any change to the UDRP).
As specified in the STI report, the TC is only for pre-launch processes and so is totally unrelated to existing gTLDs. There were minority opinions (including At-large) advocating post-launch use (or further study of such possible use) of the TC for Trademark Claims, but this is not a formal part of the STI report and in any case, would only apply to new gTLDs. A Trademark Claims process (pre-launch, or post launch if ever implemented) gives a potential registrant a notice that the name they are trying to register *may* conflict with a formal trademark (*may*, because trademarks are tied to specific products/services and geographic regions which may not be applicable). There is not current intention to have "meaning" apply, so the example you cite is not covered at all, even for pre-launch and new gTLDs. The above notwithstanding, TC and URS do apply to IDN second level domain names, just as does the current UDRP. Alan