2009/12/28 Joly MacFie <joly@punkcast.com>
As we know the The Special Trademarks Issues Working Team (STI) has published its Report which is now available for comment at http://www.icann.org/en/public-comment/public-comment-201001.htm#sti
I am today following a thread on a local NY list where a fellow who has the following: http://www.mobileappstore.com/ http://www.mobileappstore.net/ http://www.mobileappstore.org/ http://www.mobileappstore.mobi/
was contacted by the owner of:
http://手机应用商店.cn <http://xn--czr79ska309ap0hmnx.cn> (parked) http://手机应用商店.com <http://xn--czr79ska309ap0hmnx.com> (resolves to http://www.mobilecloudapps.com/ )
手机应用商店 translates to mobileappstore
He's a little miffed, saying things like
WTF!! how is this going to work???
Hi, it is weird. TC, URS or UDRP can only handle the conflicts between trademarks and domain names. Neither "mobileappstore" nor "手机应用商店<http://%E6%89%8B%E6%9C%BA%E5%BA%94%E7%94%A8%E5%95%86%E5%BA%97.cn/>" seem trademarkable for obvious descriptiveness and non-distinctiveness. Neither do I believe that either domain name has acquired the secondary meaning through use so as to suffice for any trademark claim. If no trademark involved, no trademark measure applicable at all. Hong
I could register the domain for Paypal.com in hewbrew tomorrow and
anyone who use the hewbrew version of their keyboard would be going to a totally different website that i control and as long as i'm not phishing there is nothing paypal can do??
Am I totally misinterpreting the situation here?
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?
Joly
ISOC-NY
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