There is no system or program in the world that cannot be, and is not, gamed. That does not mean that the system or program has no value or that there is necessarily a better system or program. The risk of gaming is inherent in any system. That said, obviously 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<mailto:trachtenbergm@gtlaw.com> | www.gtlaw.com<http://www.gtlaw.com/> [Greenberg Traurig] From: gnso-rpm-wg-bounces@icann.org [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of Jonathan Frost Sent: Thursday, February 02, 2017 10:03 AM To: 'Phil Corwin'; 'Jon Nevett'; 'gnso-rpm-wg' Subject: Re: [gnso-rpm-wg] TMCH Blog These TMCH gaming issues have been well documented all the way back to 2014 .https://urldefense.proofpoint.com/v2/url?u=http-3A__domainnamewire.com_2014_... <https://urldefense.proofpoint.com/v2/url?u=http-3A__domainnamewire.com_2014_...> Gaming the TMCH is as easy as starting an ecommerce store on a template and selling various products like t-shirts and pens with the arbitrary use of a common/valuable term (e.g.. pizza pen shop). This allows registration of the trademark for the term in any number of jurisdictions and subsequent registration in the TMCH. Jonathan Frost General Counsel Telephone: (+1)877-707-5752 100 SE 3rd Avenue, #1310 Fort Lauderdale, FL 33394 E-Mail: jonathan@get.club<mailto:jonathan@get.club> Website: www.get.club<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.get.club_&d=DwMFaQ&c...> [club]<https://urldefense.proofpoint.com/v2/url?u=https-3A__app.getsignals.com_link...> Please be advised that this communication is confidential. The information contained in this e-mail, and any attachments, may also be attorney-client privileged and/or work product confidential. If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify Jonathan Frost by telephone at 877.707.5752 or by email at jonathan@get.club<mailto:jonathan@get.club> and delete the original message. From: gnso-rpm-wg-bounces@icann.org<mailto:gnso-rpm-wg-bounces@icann.org> [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of Phil Corwin Sent: Thursday, February 2, 2017 9:13 AM To: Jon Nevett <jon@donuts.email<mailto:jon@donuts.email>>; gnso-rpm-wg <gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org>> Subject: Re: [gnso-rpm-wg] TMCH Blog I’m tempted to say that is one of *** craziest things I’ve ever seen, but if I use *** word *** I might be cited for infringement or have to pay a licensing fee ;-) Seriously, it would be interesting to know in what jurisdiction the trademark was granted in and whether they professed to demonstrate use in commerce. Also seems to be an example of a situation where everyone in general but no one in particular has an incentive to challenge the acceptance of the mark by the TMCH. Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: gnso-rpm-wg-bounces@icann.org<mailto:gnso-rpm-wg-bounces@icann.org> [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of Jon Nevett Sent: Thursday, February 02, 2017 8:55 AM To: gnso-rpm-wg Subject: [gnso-rpm-wg] TMCH Blog FYI -- for those who haven't seen this blog: https://urldefense.proofpoint.com/v2/url?u=https-3A__www.thedomains.com_2017... <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.thedomains.com_2017...> The Trademark ClearingHouse Worked So Well One Company Got 24 new gTLD using The Famous Trademark “The” February 1, 2017 by Michael Berkens<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.thedomains.com_auth...> 5 Comments<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.thedomains.com_2017...> The Trademark ClearingHouse (TMCH)<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.trademark-2Dclearing...> which was set up/ contracted by ICANN to protect those famous worldwide brand names from abuse by those nasty domain name squatters resulted in a whole new industry. Those playing the TMCH for their own benefit to get first jump at new gTLD domain names to get registered in Sunrise ahead of all other under common words like “the” Actually there maybe no better example than those domain names obtained on the world-famous trademarks as of the word”the”, which is the most used word in the English language<https://urldefense.proofpoint.com/v2/url?u=https-3A__en.wikipedia.org_wiki_M...>. The world-famous trademark for the word “the” was obtained by Goallover Limited of London who according to DomainTools.com owns an amazing amount of domain names approaching nearly 100, but was able to get all of the following new gTLD’s using their globally well-known trademark on the word “the” under the ICANN trademark clearinghouse rules which allows them to obtain the domain names ahead of all other applicants. Of course the company could have had obtained even more “the” new gTLD domain names in Sunrise but apparently did not apply for more. Somehow the company doesn’t appear to own the domain name The.Com For all Trademark Holders its nice to know the world is a safer place: the.car the.career the.cars the.casino the.doctor the.earth the.foundation the.furniture the.game the.group the.ltd the.mba the.pub the.report the.run the.school the.services the.storage the.tools the.university the.watch the.wine ________________________________ No virus found in this message. Checked by AVG - www.avg.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.avg.com_email-2Dsign...> Version: 2016.0.7998 / Virus Database: 4749/13855 - Release Date: 01/28/17 ---------------------------------------------------------------------- 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.
