Brian, I agree with you that a great many people (not simply domaines) have that confusion. However, I didn’t thing that is not really what we are talking about with the question. I have enjoyed Levine’s articles although hey seem bit simplistic regarding the issues and have not, as I have yet seen, touched on the real problematic issues in the UDRP. PRK On 12/13/16, 10:41 AM, "Beckham, Brian" <brian.beckham@wipo.int> wrote:
Paul, all,
A timely post on CircleID speaks to (intentional) confusion on the "generic"/dictionary dichotomy: http://www.circleid.com/posts/20161212_appearing_respondents_called_out_as _cybersquatters/
In that post, Mr. Levine notes:
"There's continuing confusion among domain buyers (not likely to be professional investors) that dictionary words are 'generic' therefore available to the first to register them. That's not the case at all. There are numerous trademarks composed of common words; weak perhaps, and vulnerable when combined with other common words but nevertheless protectable with sufficient proof of bad faith."
Brian
-----Original Message----- From: gnso-rpm-wg-bounces@icann.org [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of Paul Keating Sent: Monday, December 12, 2016 10:24 PM To: J. Scott Evans; George Kirikos; gnso-rpm-wg@icann.org Subject: Re: [gnso-rpm-wg] FW: Updated TMCH Charter Questions tabulated categories document - 2 December 2016
But it does show that it is not so much rocket science.
On 12/12/16, 10:11 PM, "J. Scott Evans" <gnso-rpm-wg-bounces@icann.org on behalf of jsevans@adobe.com> wrote:
That don¹t make it right.
J. Scott Evans | Associate General Counsel - Trademarks, Copyright, Domains & Marketing | Adobe 345 Park Avenue San Jose, CA 95110 408.536.5336 (tel), 408.709.6162 (cell) jsevans@adobe.com www.adobe.com
On 12/12/16, 10:04 AM, "gnso-rpm-wg-bounces@icann.org on behalf of George Kirikos" <gnso-rpm-wg-bounces@icann.org on behalf of icann@leap.com> wrote:
FYI, re: "generic", both the .uk and the .nz dispute policies reference "generic" domain names, see:
.uk: http://nominet-prod.s3.amazonaws.com/wp-content/uploads/2016/08/Final-pr o p osed-DRS-Policy.pdf
"8.1.2 The Domain Name is generic or descriptive and the Respondent is making fair use of it;"
.nz: https://www.dnc.org.nz/resource-library/policies/65
"Generic Term means a word or phrase that is a common name in general public use for a product, service, profession, place or thing. For example: toy; shop; cleaner; lawyers; Wellington; sparkling-wine"
"6.1.2. The Domain Name is generic or descriptive and the Respondent is making fair use of it in a way which is consistent with its generic or descriptive character;"
Sincerely,
George Kirikos 416-588-0269 http://www.leap.com/ _______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-rpm-wg
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