Phil — well written piece, as usual.

But please help me understand one of the 'alarms' you sounded in here.

The USG is saying that TM owners could add typographical variants (and TMs without substantive review) into the Clearinghouse database. One effect of this would be that registries would send more automated emails form their TM Claims Service — and the USG says this service should continue after sunrise period.

But I don't see how those typographical variants could also be used in URS or UDRP actions, as you suggest in your article.

In other words, does a string entered in the Clearinghouse database somehow acquire legal stature of a registered trademarks?

If not, what's the real harm of sending more TM Claims warning emails to registrants?

Thanks,

Steve

Steve DelBianco

Executive Director

NetChoice

http://www.NetChoice.org and http://blog.netchoice.org

+1.202.420.7482

From: Phil Corwin <pcorwin@butera-andrews.com>
Date: Wed, 2 Feb 2011 23:13:16 +0000
To: "bc-gnso@icann.org" <bc-gnso@icann.org>
Subject: [bc-gnso] CircleID Article on USG's Proposed Scorecard

BC members should be aware that I have posted an article regarding the USG’s proposed “scorecard” at http://www.circleid.com/posts/us_scorecard_for_brussels_draconian_trademark_rules_end_of_privates_sector/

Those who agree or disagree with any part (or all) of it should feel free to post comments at the Circle ID website, as well as on this list. Two comments have already been posted since it was posted this afternoon.

Regards to all,

Philip

Philip S. Corwin
Partner
Butera & Andrews
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Suite 500
Washington, DC 20004

202-347-6875 (office)

202-347-6876 (fax)

202-255-6172 (cell)

"Luck is the residue of design." -- Branch Rickey