Brian, Just to clarify, I never said "any system can be gamed, so why bother fixing it" and do not think anyone else did either. Rather, I said that the goal for any system or program should be to minimize the risk of gaming to the extent possible without sacrificing the goal and benefits of the system or program. Best regards, Marc H. Trachtenberg Shareholder Greenberg Traurig, LLP | 77 West Wacker Drive | Suite 3100 | Chicago, IL 60601 Tel 312.456.1020 Mobile 773.677.3305 trachtenbergm@gtlaw.com | www.gtlaw.com -----Original Message----- From: gnso-rpm-wg-bounces@icann.org [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of Brian F. Cimbolic Sent: Thursday, February 02, 2017 1:56 PM To: Reuter, Renee M; George Kirikos; gnso-rpm-wg Subject: Re: [gnso-rpm-wg] TMCH Blog Folks: I feel like we've gotten off on quite a tangent (or 10), at least in relation to the original post. Without arguing the fundamentals of what a trademark is or what rights it bestows, is there anyone out there who thinks that the example in the blog is how the TMCH is intended to work? Allowing this registrant/mark holder to obtain those "the.example" names seems absolutely exploitative. To say that "any system can be gamed, so why bother fixing it" - that analysis works for any number of examples this group will come across (premium pricing of sunrise domains comes to mind) and doesn't advance the conversation constructively. To me the question is, is this exploitation something that we should look at fixing or addressing within this group? Brian Brian Cimbolic Deputy General Counsel, Public Interest Registry Office: +1 703 889-5752| Mobile: + 1 571 385-7871| www.pir.org | Facebook | Twitter | Instagram | YouTube Confidentiality Note: Proprietary and confidential to Public Interest Registry. If received in error, please inform sender and then delete. -----Original Message----- From: gnso-rpm-wg-bounces@icann.org [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of Reuter, Renee M Sent: Thursday, February 02, 2017 2:47 PM To: George Kirikos <icann@leap.com>; gnso-rpm-wg <gnso-rpm-wg@icann.org> Subject: Re: [gnso-rpm-wg] TMCH Blog One trademark registration in most countries costs significantly more than $10. -----Original Message----- From: gnso-rpm-wg-bounces@icann.org [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of George Kirikos Sent: Thursday, February 02, 2017 1:43 PM To: gnso-rpm-wg Subject: Re: [gnso-rpm-wg] TMCH Blog J. Scott (and others who replied afterwards), On Thu, Feb 2, 2017 at 2:23 PM, J. Scott Evans <jsevans@adobe.com> wrote:
The evidentiary weight of a trademark registration differs from jurisdiction to jurisdiction. In the US, a certificate of registration from the USPTO does have some proof value, that is subject to certain defenses for 5 years and a lesser set of defenses should the mark reach incontestable status after 5 years. I think making sweeping statements like those contained in your closing paragraph are not helpful.
I was simply responding to Marc's "sweeping statement" (and assertion of "fact"), which I note you were not quick to characterize as "not helpful". It's a fact that TM registrations can be and are disputed. Where are alleged TM rights enforced against alleged infringers? Answer: the courts. It's in the courts where *claims*, as *evidenced* by a TM registration (but not "proven" by any means) are put to the test. That's where facts are determined. "Facts" aren't determined by a piece of paper sent to a Pakistani TM office along with $10, despite what some might have us believe. Sincerely, George Kirikos 416-588-0269 https://urldefense.proofpoint.com/v2/url?u=http-3A__www.leap.com_&d=DwIFAw&c... _______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_li... ________________________________ CONFIDENTIALITY NOTICE: This e-mail and any files transmitted with it are intended solely for the use of the individual or entity to whom they are addressed and may contain confidential and privileged information protected by law. If you received this e-mail in error, any review, use, dissemination, distribution, or copying of the e-mail is strictly prohibited. Please notify the sender immediately by return e-mail and delete all copies from your system. _______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_li... _______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_li... ---------------------------------------------------------------------- If you are not an intended recipient of confidential and privileged information in this email, please delete it, notify us immediately at postmaster@gtlaw.com, and do not use or disseminate such information.