P.S. Most if not all of of the trademark applications made by Michael Gleissner (and related entities) probably fall into the same category, "made merely to reserve a right in a mark." instead of "the bona fide use of a mark in the ordinary course of trade" https://www.lexology.com/library/detail.aspx?g=db42569f-b226-416a-b70e-55a91... Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Wed, Jan 30, 2019 at 11:37 AM George Kirikos <icann@leap.com> wrote:
To supplement my input on the Sunrise Preamble charter question, it's important to understand, as per:
https://www.fr.com/news/dont-be-confused-about-whether-your-trademark-is-use...
"The Trademark Act now defines “use in commerce” as “the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark.”
So, when I mention gaming of Deloitte's "proof of use", it's in that context. It can't be token or de minimis use. I doubt the various "HOTEL" / "HOTELS" marks that Deloitte accepted would stand up to any serious scrutiny, as it appears to me they were "made merely to reserve a right in a mark."
We've seen this before, in the EU sunrise. Recall:
https://eu.adr.eu/adr/decisions/decision.php?dispute_id=3147 http://eu.adr.eu/adr/decisions/decision.php?dispute_id=2438
with registered trademarks for "ASK" and "AUTOTRADER" for "plectrums", i.e. guitar picks
https://en.wikipedia.org/wiki/Plectrum
I'm sure anyone could provide Deloitte with a "evidence of use" of a plectrum with "ASK" or "AUTOTRADER" or some other common dictionary term on it. While Deloitte would likely accept them for inclusion, few others would find that to be sufficient to demonstrate "bona fide use of a mark in the ordinary course of trade."
The fact that the TMCH database is not open to public inspection and research keeps sham recordals hidden from scrutiny.
Sincerely,
George Kirikos 416-588-0269 http://www.leap.com/
On Wed, Jan 30, 2019 at 9:21 AM Ariel Liang <ariel.liang@icann.org> wrote:
Dear Sunrise Sub Team members,
Staff have locked the google docs by the deadline and they are currently ‘view’ only. New input/comments are colored in GREEN. The google docs for Sunrise Preamble Charter Question, Question 1, Question 2, and Question 4 have new input/comments; the others don’t. Hence, the PDF versions of the Preamble Q, Q1, Q2, and Q4 google docs are attached.
Please be so kind to read all the documents in preparation for the meeting today.
Thank you to the members who have contributed!
Best Regards,
Mary, Julie, Berry, Ariel
From: Ariel Liang <ariel.liang@icann.org> Date: Tuesday, January 29, 2019 at 1:07 PM To: "gnso-rpm-sunrise@icann.org" <gnso-rpm-sunrise@icann.org> Subject: REVISED: [HOMEWORK] Review 2 Source Documents & Answer All Charter Questions - Due Wed 14:00 UTC
Dear Sunrise Sub Team members,
After discussion with the Sub Team Co-Chairs about suggestions from Kristine and others, the homework assignment for this week has been amended and the deadline has been extended.
By Wednesday, 30 January at 14:00 UTC, the Sunrise Sub Team is tasked to focus on reviewing the following source documents and provide input in the Google Docs set up for ALL Sunrise Charter Questions.
When providing input, please note the source name and page/slide number of the previously collected data. By the deadline, the Google Docs will be locked to prevent further editing and their PDFs will be circulated to the Sub Team. Staff will accept and indicate the new input in the Google Doc for the ease of viewing.
Source Documents:
Analysis Group Independent Review of TMCH Services: https://community.icann.org/download/attachments/64066042/Analysis%20Group%2...
Response to follow up questions - Jun 2017: https://mm.icann.org/pipermail/gnso-rpm-wg/2017-June/002043.html Response to follow up questions - Jul 2017: https://mm.icann.org/pipermail/gnso-rpm-wg/2017-July/002257.html
INTA New gTLD Impact Study for CCT-RT:
Slide 1: https://community.icann.org/download/attachments/69277722/INTA New gTLD Cost Impact Study Presentation - 30 Aug.pdf?version=1&modificationDate=1504147055000&api=v2 Slide 2: https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_dow...
Google Docs:
Preamble Sunrise Charter Question: https://docs.google.com/document/d/1ph-QXnQLWPVXCDVtM8l51r8Nt0Xojil-CR0fU6cu... Sunrise Charter Question 1: https://docs.google.com/document/d/1Zi5rDXEkLGMuuRdSgXncOoPVO3vR783yQQ1JYMHq... Sunrise Charter Question 2: https://docs.google.com/document/d/1k8SXcZRSzluqAVkTxYJL63qbBt_A8e9vZNdoKJp8... Sunrise Charter Question 3: https://docs.google.com/document/d/10npR7b_6WWJZ6J20583GNq2OLM4jBp-sS-Yeq564... Sunrise Charter Question 4: https://docs.google.com/document/d/1ecm9e0jiA6dPsUcACNlHOLgFD5tZPgU3PzF3WtDO... Sunrise Charter Question 5a: https://docs.google.com/document/d/1eyuNzBmNDwoZeTd5_y4-WYM7aW3xHdKd0e5QuDAA... Sunrise Charter Question 5b: https://docs.google.com/document/d/1FMnziYZo0vZdgLVS89wtCQ4Cb5J9tkM_D17r7eCG... Sunrise Charter Question 6: https://docs.google.com/document/d/15sQKDNohg3Cp6i35U9NKo3r1R_-fxjLHm4D7antN... Sunrise Charter Question 7: https://docs.google.com/document/d/1cbCKnoIzu5ok3OS5dLi1Kw6dh0-OHa0cjDo1LEv_... Sunrise Charter Question 8: https://docs.google.com/document/d/1aovilYvgbzf0GXyVN1sBUC2BZCsabnkEvKoQ9SJ4... Sunrise Charter Question 9: https://docs.google.com/document/d/1IvPOFuKMmNdJNyaUmzcnnLsb_-Qmkejn-rvGp3fh... Sunrise Charter Question 10: https://docs.google.com/document/d/19aBDQ-QFPPYcxwKiR7v5ruojFEYgtggET59N8bHp... Sunrise Charter Question 11: https://docs.google.com/document/d/1sKYwbyUrWYOg2FKzSuZLobdwzi10CZnRgT6SsZrs... Sunrise Charter Question 12: https://docs.google.com/document/d/1Jz_VC-96ki-yvLKxIB7ld8IB6wtwSnFnHU1lJlS5...
How to Use the Analysis Tool (Google Spreadsheet):
Some Sub Team members have voiced difficulties/confusion when using the Analysis Tool: https://docs.google.com/spreadsheets/d/1SzvdmVhY8dZ4I_ZGVoN5lOSueHNzbm1jQErs.... Staff have included some further instruction below to assist:
Source Tab includes direct download links to the Sunrise related data collected between December 2016 and March 2018, including reports, slides, and other documents. They are the same documents as those mentioned in the Summary Table. Sunrise Tab includes excerpts/quotes from the previously collected data:
The excerpts/quotes are directly copied from the source documents. Relevant page/slide reference to the actual source documents are included in the parenthesis on the top. Staff believe the data in the excerpts/quotes may assist in answering the final agreed Charter questions, but this exercise is not staff’s attempt to directly answer the Charter questions. In Column B, Staff provided the summaries of the excerpts/quotes to facilitate your viewing. The excerpts/quotes cited by Staff are based on our own understanding of the previously collected data. They are meant to speed up the Sub Team’s review of the data but not meant to be exclusive. Sub Team members are encouraged to download and reference the actual source documents, linked from the Source Tab, to cite relevant information that may help answer the final agreed Charter questions.
Thank you for your time and contribution.
Best Regards,
Mary, Julie, Berry, and Ariel
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