Re: [gnso-rpm-wg] A Brave New World Without Sunrises or the TMCH
+1 for reality check Sent from my iPhone On Apr 14, 2017, at 12:14 PM, "policy@paulmcgrady.com<mailto:policy@paulmcgrady.com>" <policy@paulmcgrady.com<mailto:policy@paulmcgrady.com>> wrote: +1 J Scott. Jeremy, the practical problem with your example is that the innocent online fruit salesman (of which I know of none except those lovely pears we all send to each other at Christmastime), is quite the rare breed. In the real world, applefruit.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapplefruit.c...> is a Uniregistry provided domain name that is used for pay-per-click ads including those related to the mobile phone, software and computer industry. I've attached a screenshot but if the ICANN system strips it out, I would be happy to email it to you directly. If the DNS were populated with fruit farmers, that would be one thing. But we all know it isn't. I think we need to quit pretending that the industry isn't what it is. Instead, I think we need to focus our efforts of incremental, implementable improvements to the RPMs (if any). Best, Paul -------- Original Message -------- Subject: Re: [gnso-rpm-wg] A Brave New World Without Sunrises or the TMCH From: "J. Scott Evans via gnso-rpm-wg" <gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org>> Date: Fri, April 14, 2017 11:10 am To: Jeremy Malcolm <jmalcolm@eff.org<mailto:jmalcolm@eff.org>>, "gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org>" <gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org>> Jeremy: First, even in a .fruit there is no guarantee that apple.fruit would be used for supporting the benefits of the fruit. However, if someone would take responsibility for the use of the second level TLD, that would be different. I am sure a multi-national computer company would have no problem with folks registering and using domains for generic or descriptive purposes or for unrelated purposes. The problem that there is no easy way to thwart having to file an expensive UDRP or more expensive lawsuit to police the misuse of one’s mark. If registries and registrars would enforce the provision of their contracts where the registrant represents that its domain does not infringe on the rights of others that would be one thing, but they don’t. If all new TLDs were sponsored or chartered wherein registration in the TLD required upfront verification that the registrant was in the class of persons for whom the TLD operates (e.g., like a .bank) or if domains were not sold on a first come, first served basis (like Yellow Pages ads in the old phone books), then we wouldn’t have the issues we do. There are many cost-effective and efficient solutions beyond the Sunrise, but it also would greatly effect the artificial scarcity created by first come, first served sales and the bottom-line of registries that would actually need to take some responsibility to police their TLDs or at least assist TM owners by taking down infringements. J. Scott J. Scott Evans 408.536.5336 (tel) 345 Park Avenue, Mail Stop W11-544 Director, Associate General Counsel 408.709.6162 (cell) San Jose, CA, 95110, USA Adobe. Make It an Experience. jsevans@adobe.com<mailto:jsevans@adobe.com> www.adobe.com<http://www.adobe.com> On 4/14/17, 10:11 AM, "gnso-rpm-wg-bounces@icann.org<mailto:gnso-rpm-wg-bounces@icann.org> on behalf of Jeremy Malcolm" <gnso-rpm-wg-bounces@icann.org<mailto:gnso-rpm-wg-bounces@icann.org> on behalf of jmalcolm@eff.org<mailto:jmalcolm@eff.org>> wrote: On 13/4/17 8:47 pm, Greg Shatan wrote:
However, I don't think number 2 qualifies as gaming or abuse -- except to the extent the trademark owner is being gamed or abused. Indeed, one of the failed assumptions of the New gTLD Program seems to have been that trademark owners would buy even more defensive registrations than they did.
So there's nothing wrong with a company that has a trademark for computers sunrise registering that trademark in a gTLD that relates to fruit on the strength of its computer trademark, locking out those who would actually use that domain name to sell fruit? Sounds like abuse to me. -- Jeremy Malcolm Senior Global Policy Analyst Electronic Frontier Foundation https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Feff.org&dat... jmalcolm@eff.org<mailto:jmalcolm@eff.org> Tel: 415.436.9333 ext 161 :: Defending Your Rights in the Digital World :: Public key: https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.eff.org... PGP fingerprint: 75D2 4C0D 35EA EA2F 8CA8 8F79 4911 EC4A EDDF 1122 _______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmm.icann.org%2Fmailman%2Flistinfo%2Fgnso-rpm-wg&data=02%7C01%7C%7Ca69b276c3946456c17f208d4836a7514%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636277940646162774&sdata=1j9IOeJsRFgjx7Faw9VYxKOZpIH03EPeqN7YDdYv4v0%3D&reserved=0> <Use of AppleFruit-com as of 4 14 17.JPG>
Agreed, Here’s two incremental changes that could have a very positive effect. (1) Require proof of use verification for Sunrise and Claims. (2) Require the use of Sunrise and Claims for all new gTLDs. On Fri, Apr 14, 2017 at 8:28 PM, J. Scott Evans via gnso-rpm-wg < gnso-rpm-wg@icann.org> wrote:
+1 for reality check
Sent from my iPhone
On Apr 14, 2017, at 12:14 PM, "policy@paulmcgrady.com" < policy@paulmcgrady.com> wrote:
+1 J Scott.
Jeremy, the practical problem with your example is that the innocent online fruit salesman (of which I know of none except those lovely pears we all send to each other at Christmastime), is quite the rare breed. In the real world, applefruit.com <https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapplefruit.c...> is a Uniregistry provided domain name that is used for pay-per-click ads including those related to the mobile phone, software and computer industry. I've attached a screenshot but if the ICANN system strips it out, I would be happy to email it to you directly.
If the DNS were populated with fruit farmers, that would be one thing. But we all know it isn't. I think we need to quit pretending that the industry isn't what it is. Instead, I think we need to focus our efforts of incremental, implementable improvements to the RPMs (if any).
Best, Paul
-------- Original Message -------- Subject: Re: [gnso-rpm-wg] A Brave New World Without Sunrises or the TMCH From: "J. Scott Evans via gnso-rpm-wg" <gnso-rpm-wg@icann.org> Date: Fri, April 14, 2017 11:10 am To: Jeremy Malcolm <jmalcolm@eff.org>, "gnso-rpm-wg@icann.org" <gnso-rpm-wg@icann.org>
Jeremy:
First, even in a .fruit there is no guarantee that apple.fruit would be used for supporting the benefits of the fruit. However, if someone would take responsibility for the use of the second level TLD, that would be different. I am sure a multi-national computer company would have no problem with folks registering and using domains for generic or descriptive purposes or for unrelated purposes. The problem that there is no easy way to thwart having to file an expensive UDRP or more expensive lawsuit to police the misuse of one’s mark. If registries and registrars would enforce the provision of their contracts where the registrant represents that its domain does not infringe on the rights of others that would be one thing, but they don’t. If all new TLDs were sponsored or chartered wherein registration in the TLD required upfront verification that the registrant was in the class of persons for whom the TLD operates (e.g., like a .bank) or if domains were not sold on a first come, first served basis (like Yellow Pages ads in the old phone books), then we wouldn’t have the issues we do. There are many cost-effective and efficient solutions beyond the Sunrise, but it also would greatly effect the artificial scarcity created by first come, first served sales and the bottom-line of registries that would actually need to take some responsibility to police their TLDs or at least assist TM owners by taking down infringements.
J. Scott
J. Scott Evans 408.536.5336 <(408)%20536-5336> (tel) 345 Park Avenue, Mail Stop W11-544 Director, Associate General Counsel 408.709.6162 <(408)%20709-6162> (cell) San Jose, CA, 95110, USA Adobe. Make It an Experience. jsevans@adobe.com www.adobe.com
On 4/14/17, 10:11 AM, "gnso-rpm-wg-bounces@icann.org on behalf of Jeremy Malcolm" <gnso-rpm-wg-bounces@icann.org on behalf of jmalcolm@eff.org> wrote:
On 13/4/17 8:47 pm, Greg Shatan wrote:
However, I don't think number 2 qualifies as gaming or abuse -- except to the extent the trademark owner is being gamed or abused. Indeed, one of the failed assumptions of the New gTLD Program seems to have been that trademark owners would buy even more defensive registrations than they did.
So there's nothing wrong with a company that has a trademark for computers sunrise registering that trademark in a gTLD that relates to fruit on the strength of its computer trademark, locking out those who would actually use that domain name to sell fruit? Sounds like abuse to me.
-- Jeremy Malcolm Senior Global Policy Analyst Electronic Frontier Foundation https://na01.safelinks.protection.outlook.com/?url= https%3A%2F%2Feff.org&data=02%7C01%7C%7Cda89a42909874020ab7508d483595a8e% 7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636277867187569726&sdata= 53cryis1ic5Aq0Zn80j%2FXUfwktHMu7VIHk5ralgf6d4%3D&reserved=0 jmalcolm@eff.org
Tel: 415.436.9333 ext 161 <(415)%20436-9333>
:: Defending Your Rights in the Digital World ::
Public key: https://na01.safelinks.protection.outlook.com/?url= https%3A%2F%2Fwww.eff.org%2Ffiles%2F2016%2F11%2F27% 2Fkey_jmalcolm.txt&data=02%7C01%7C%7Cda89a42909874020ab7508d483595a8e% 7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636277867187579734&sdata= pTNkQMHCd6%2FcpDWTIg3ru3r9LvEZUvvvPUIcSehf1mM%3D&reserved=0 PGP fingerprint: 75D2 4C0D 35EA EA2F 8CA8 8F79 4911 EC4A EDDF 1122
_______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-rpm-wg <https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmm.icann.or...>
<Use of AppleFruit-com as of 4 14 17.JPG>
_______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-rpm-wg
+1 From: gnso-rpm-wg-bounces@icann.org [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of policy@paulmcgrady.com Sent: Friday, April 14, 2017 3:14 PM To: J. Scott Evans <jsevans@adobe.com>; Jeremy Malcolm <jmalcolm@eff.org>; gnso-rpm-wg@icann.org Subject: Re: [gnso-rpm-wg] A Brave New World Without Sunrises or the TMCH +1 J Scott. Jeremy, the practical problem with your example is that the innocent online fruit salesman (of which I know of none except those lovely pears we all send to each other at Christmastime), is quite the rare breed. In the real world, applefruit.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__applefruit.com&d=DwMFaQ&...> is a Uniregistry provided domain name that is used for pay-per-click ads including those related to the mobile phone, software and computer industry. I've attached a screenshot but if the ICANN system strips it out, I would be happy to email it to you directly. If the DNS were populated with fruit farmers, that would be one thing. But we all know it isn't. I think we need to quit pretending that the industry isn't what it is. Instead, I think we need to focus our efforts of incremental, implementable improvements to the RPMs (if any). Best, Paul -------- Original Message -------- Subject: Re: [gnso-rpm-wg] A Brave New World Without Sunrises or the TMCH From: "J. Scott Evans via gnso-rpm-wg" <gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org>> Date: Fri, April 14, 2017 11:10 am To: Jeremy Malcolm <jmalcolm@eff.org<mailto:jmalcolm@eff.org>>, "gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org>" <gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org>> Jeremy: First, even in a .fruit there is no guarantee that apple.fruit would be used for supporting the benefits of the fruit. However, if someone would take responsibility for the use of the second level TLD, that would be different. I am sure a multi-national computer company would have no problem with folks registering and using domains for generic or descriptive purposes or for unrelated purposes. The problem that there is no easy way to thwart having to file an expensive UDRP or more expensive lawsuit to police the misuse of one’s mark. If registries and registrars would enforce the provision of their contracts where the registrant represents that its domain does not infringe on the rights of others that would be one thing, but they don’t. If all new TLDs were sponsored or chartered wherein registration in the TLD required upfront verification that the registrant was in the class of persons for whom the TLD operates (e.g., like a .bank) or if domains were not sold on a first come, first served basis (like Yellow Pages ads in the old phone books), then we wouldn’t have the issues we do. There are many cost-effective and efficient solutions beyond the Sunrise, but it also would greatly effect the artificial scarcity created by first come, first served sales and the bottom-line of registries that would actually need to take some responsibility to police their TLDs or at least assist TM owners by taking down infringements. J. Scott J. Scott Evans 408.536.5336 (tel) 345 Park Avenue, Mail Stop W11-544 Director, Associate General Counsel 408.709.6162 (cell) San Jose, CA, 95110, USA Adobe. Make It an Experience. jsevans@adobe.com<mailto:jsevans@adobe.com> www.adobe.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.adobe.com&d=DwMFaQ&c...> On 4/14/17, 10:11 AM, "gnso-rpm-wg-bounces@icann.org<mailto:gnso-rpm-wg-bounces@icann.org> on behalf of Jeremy Malcolm" <gnso-rpm-wg-bounces@icann.org<mailto:gnso-rpm-wg-bounces@icann.org> on behalf of jmalcolm@eff.org<mailto:jmalcolm@eff.org>> wrote: On 13/4/17 8:47 pm, Greg Shatan wrote:
However, I don't think number 2 qualifies as gaming or abuse -- except to the extent the trademark owner is being gamed or abused. Indeed, one of the failed assumptions of the New gTLD Program seems to have been that trademark owners would buy even more defensive registrations than they did.
So there's nothing wrong with a company that has a trademark for computers sunrise registering that trademark in a gTLD that relates to fruit on the strength of its computer trademark, locking out those who would actually use that domain name to sell fruit? Sounds like abuse to me. -- Jeremy Malcolm Senior Global Policy Analyst Electronic Frontier Foundation https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Feff.org&data=02%7C01%7C%7Cda89a42909874020ab7508d483595a8e%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636277867187569726&sdata=53cryis1ic5Aq0Zn80j%2FXUfwktHMu7VIHk5ralgf6d4%3D&reserved=0<https://urldefense.proofpoint.com/v2/url?u=https-3A__na01.safelinks.protection.outlook.com_-3Furl-3Dhttps-253A-252F-252Feff.org-26data-3D02-257C01-257C-257Cda89a42909874020ab7508d483595a8e-257Cfa7b1b5a7b34438794aed2c178decee1-257C0-257C0-257C636277867187569726-26sdata-3D53cryis1ic5Aq0Zn80j-252FXUfwktHMu7VIHk5ralgf6d4-253D-26reserved-3D0&d=DwMFaQ&c=qmi9WrYRGQEDDOxOwKrAjW7mWovpzN_EKyRbeK_zbP0&r=Kepk-9GEB6JgOj0vUGl8c0hdrRM7FW-8Is-VAQU1VAk&m=8R-x5hHce7xjEzVqpaD7aUOt9OC3WHJlNdCE1ylwW0A&s=vEtg1ic1a9vyr5b-uxKralQ_HAD-G3doG7rd6Y4fXug&e=> jmalcolm@eff.org<mailto:jmalcolm@eff.org> Tel: 415.436.9333 ext 161 :: Defending Your Rights in the Digital World :: Public key: https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.eff.org%2Ffiles%2F2016%2F11%2F27%2Fkey_jmalcolm.txt&data=02%7C01%7C%7Cda89a42909874020ab7508d483595a8e%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636277867187579734&sdata=pTNkQMHCd6%2FcpDWTIg3ru3r9LvEZUvvvPUIcSehf1mM%3D&reserved=0<https://urldefense.proofpoint.com/v2/url?u=https-3A__na01.safelinks.protection.outlook.com_-3Furl-3Dhttps-253A-252F-252Fwww.eff.org-252Ffiles-252F2016-252F11-252F27-252Fkey-5Fjmalcolm.txt-26data-3D02-257C01-257C-257Cda89a42909874020ab7508d483595a8e-257Cfa7b1b5a7b34438794aed2c178decee1-257C0-257C0-257C636277867187579734-26sdata-3DpTNkQMHCd6-252FcpDWTIg3ru3r9LvEZUvvvPUIcSehf1mM-253D-26reserved-3D0&d=DwMFaQ&c=qmi9WrYRGQEDDOxOwKrAjW7mWovpzN_EKyRbeK_zbP0&r=Kepk-9GEB6JgOj0vUGl8c0hdrRM7FW-8Is-VAQU1VAk&m=8R-x5hHce7xjEzVqpaD7aUOt9OC3WHJlNdCE1ylwW0A&s=pPvP4oFI609dtwedpiXuf1gf5vxtO1uSQwTL1UvZAl0&e=> PGP fingerprint: 75D2 4C0D 35EA EA2F 8CA8 8F79 4911 EC4A EDDF 1122 _______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_gnso-2Drpm-2Dwg&d=DwMFaQ&c=qmi9WrYRGQEDDOxOwKrAjW7mWovpzN_EKyRbeK_zbP0&r=Kepk-9GEB6JgOj0vUGl8c0hdrRM7FW-8Is-VAQU1VAk&m=8R-x5hHce7xjEzVqpaD7aUOt9OC3WHJlNdCE1ylwW0A&s=1-vufd2sG9heYYGa24HkWbRVfAImz6IZNAl8ubLHlWo&e=> Confidentiality Notice This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately either by phone (800-237-2000) or reply to this e-mail and delete all copies of this message.
Thanks Paul for pointing out this useful example to refocus our attention. From: gnso-rpm-wg-bounces@icann.org [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of John McElwaine Sent: Friday, April 14, 2017 9:44 PM To: policy@paulmcgrady.com; J. Scott Evans; Jeremy Malcolm; gnso-rpm-wg@icann.org Subject: Re: [gnso-rpm-wg] A Brave New World Without Sunrises or the TMCH +1 From: gnso-rpm-wg-bounces@icann.org<mailto:gnso-rpm-wg-bounces@icann.org> [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of policy@paulmcgrady.com<mailto:policy@paulmcgrady.com> Sent: Friday, April 14, 2017 3:14 PM To: J. Scott Evans <jsevans@adobe.com<mailto:jsevans@adobe.com>>; Jeremy Malcolm <jmalcolm@eff.org<mailto:jmalcolm@eff.org>>; gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org> Subject: Re: [gnso-rpm-wg] A Brave New World Without Sunrises or the TMCH +1 J Scott. Jeremy, the practical problem with your example is that the innocent online fruit salesman (of which I know of none except those lovely pears we all send to each other at Christmastime), is quite the rare breed. In the real world, applefruit.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__applefruit.com&d=DwMFaQ&...> is a Uniregistry provided domain name that is used for pay-per-click ads including those related to the mobile phone, software and computer industry. I've attached a screenshot but if the ICANN system strips it out, I would be happy to email it to you directly. If the DNS were populated with fruit farmers, that would be one thing. But we all know it isn't. I think we need to quit pretending that the industry isn't what it is. Instead, I think we need to focus our efforts of incremental, implementable improvements to the RPMs (if any). Best, Paul -------- Original Message -------- Subject: Re: [gnso-rpm-wg] A Brave New World Without Sunrises or the TMCH From: "J. Scott Evans via gnso-rpm-wg" <gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org>> Date: Fri, April 14, 2017 11:10 am To: Jeremy Malcolm <jmalcolm@eff.org<mailto:jmalcolm@eff.org>>, "gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org>" <gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org>> Jeremy: First, even in a .fruit there is no guarantee that apple.fruit would be used for supporting the benefits of the fruit. However, if someone would take responsibility for the use of the second level TLD, that would be different. I am sure a multi-national computer company would have no problem with folks registering and using domains for generic or descriptive purposes or for unrelated purposes. The problem that there is no easy way to thwart having to file an expensive UDRP or more expensive lawsuit to police the misuse of one’s mark. If registries and registrars would enforce the provision of their contracts where the registrant represents that its domain does not infringe on the rights of others that would be one thing, but they don’t. If all new TLDs were sponsored or chartered wherein registration in the TLD required upfront verification that the registrant was in the class of persons for whom the TLD operates (e.g., like a .bank) or if domains were not sold on a first come, first served basis (like Yellow Pages ads in the old phone books), then we wouldn’t have the issues we do. There are many cost-effective and efficient solutions beyond the Sunrise, but it also would greatly effect the artificial scarcity created by first come, first served sales and the bottom-line of registries that would actually need to take some responsibility to police their TLDs or at least assist TM owners by taking down infringements. J. Scott J. Scott Evans 408.536.5336 (tel) 345 Park Avenue, Mail Stop W11-544 Director, Associate General Counsel 408.709.6162 (cell) San Jose, CA, 95110, USA Adobe. Make It an Experience. jsevans@adobe.com<mailto:jsevans@adobe.com> www.adobe.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.adobe.com&d=DwMFaQ&c...> On 4/14/17, 10:11 AM, "gnso-rpm-wg-bounces@icann.org<mailto:gnso-rpm-wg-bounces@icann.org> on behalf of Jeremy Malcolm" <gnso-rpm-wg-bounces@icann.org<mailto:gnso-rpm-wg-bounces@icann.org> on behalf of jmalcolm@eff.org<mailto:jmalcolm@eff.org>> wrote: On 13/4/17 8:47 pm, Greg Shatan wrote:
However, I don't think number 2 qualifies as gaming or abuse -- except to the extent the trademark owner is being gamed or abused. Indeed, one of the failed assumptions of the New gTLD Program seems to have been that trademark owners would buy even more defensive registrations than they did.
So there's nothing wrong with a company that has a trademark for computers sunrise registering that trademark in a gTLD that relates to fruit on the strength of its computer trademark, locking out those who would actually use that domain name to sell fruit? Sounds like abuse to me. -- Jeremy Malcolm Senior Global Policy Analyst Electronic Frontier Foundation https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Feff.org&data=02%7C01%7C%7Cda89a42909874020ab7508d483595a8e%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636277867187569726&sdata=53cryis1ic5Aq0Zn80j%2FXUfwktHMu7VIHk5ralgf6d4%3D&reserved=0<https://urldefense.proofpoint.com/v2/url?u=https-3A__na01.safelinks.protection.outlook.com_-3Furl-3Dhttps-253A-252F-252Feff.org-26data-3D02-257C01-257C-257Cda89a42909874020ab7508d483595a8e-257Cfa7b1b5a7b34438794aed2c178decee1-257C0-257C0-257C636277867187569726-26sdata-3D53cryis1ic5Aq0Zn80j-252FXUfwktHMu7VIHk5ralgf6d4-253D-26reserved-3D0&d=DwMFaQ&c=qmi9WrYRGQEDDOxOwKrAjW7mWovpzN_EKyRbeK_zbP0&r=Kepk-9GEB6JgOj0vUGl8c0hdrRM7FW-8Is-VAQU1VAk&m=8R-x5hHce7xjEzVqpaD7aUOt9OC3WHJlNdCE1ylwW0A&s=vEtg1ic1a9vyr5b-uxKralQ_HAD-G3doG7rd6Y4fXug&e=> jmalcolm@eff.org<mailto:jmalcolm@eff.org> Tel: 415.436.9333 ext 161 :: Defending Your Rights in the Digital World :: Public key: https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.eff.org%2Ffiles%2F2016%2F11%2F27%2Fkey_jmalcolm.txt&data=02%7C01%7C%7Cda89a42909874020ab7508d483595a8e%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636277867187579734&sdata=pTNkQMHCd6%2FcpDWTIg3ru3r9LvEZUvvvPUIcSehf1mM%3D&reserved=0<https://urldefense.proofpoint.com/v2/url?u=https-3A__na01.safelinks.protection.outlook.com_-3Furl-3Dhttps-253A-252F-252Fwww.eff.org-252Ffiles-252F2016-252F11-252F27-252Fkey-5Fjmalcolm.txt-26data-3D02-257C01-257C-257Cda89a42909874020ab7508d483595a8e-257Cfa7b1b5a7b34438794aed2c178decee1-257C0-257C0-257C636277867187579734-26sdata-3DpTNkQMHCd6-252FcpDWTIg3ru3r9LvEZUvvvPUIcSehf1mM-253D-26reserved-3D0&d=DwMFaQ&c=qmi9WrYRGQEDDOxOwKrAjW7mWovpzN_EKyRbeK_zbP0&r=Kepk-9GEB6JgOj0vUGl8c0hdrRM7FW-8Is-VAQU1VAk&m=8R-x5hHce7xjEzVqpaD7aUOt9OC3WHJlNdCE1ylwW0A&s=pPvP4oFI609dtwedpiXuf1gf5vxtO1uSQwTL1UvZAl0&e=> PGP fingerprint: 75D2 4C0D 35EA EA2F 8CA8 8F79 4911 EC4A EDDF 1122 _______________________________________________ gnso-rpm-wg mailing list gnso-rpm-wg@icann.org<mailto:gnso-rpm-wg@icann.org> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_gnso-2Drpm-2Dwg&d=DwMFaQ&c=qmi9WrYRGQEDDOxOwKrAjW7mWovpzN_EKyRbeK_zbP0&r=Kepk-9GEB6JgOj0vUGl8c0hdrRM7FW-8Is-VAQU1VAk&m=8R-x5hHce7xjEzVqpaD7aUOt9OC3WHJlNdCE1ylwW0A&s=1-vufd2sG9heYYGa24HkWbRVfAImz6IZNAl8ubLHlWo&e=> Confidentiality Notice This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged, confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately either by phone (800-237-2000) or reply to this e-mail and delete all copies of this message. World IP Day 2017 – Join the conversation Web: www.wipo.int/ipday Facebook: www.facebook.com/worldipday World Intellectual Property Organization Disclaimer: This electronic message may contain privileged, confidential and copyright protected information. If you have received this e-mail by mistake, please immediately notify the sender and delete this e-mail and all its attachments. Please ensure all e-mail attachments are scanned for viruses prior to opening or using.
Hello, On Fri, Apr 14, 2017 at 3:13 PM, <policy@paulmcgrady.com> wrote:
Jeremy, the practical problem with your example is that the innocent online fruit salesman (of which I know of none except those lovely pears we all send to each other at Christmastime), is quite the rare breed. In the real world, applefruit.com is a Uniregistry provided domain name that is used for pay-per-click ads including those related to the mobile phone, software and computer industry. I've attached a screenshot but if the ICANN system strips it out, I would be happy to email it to you directly.
Fantastic example, and the WHOIS tells us that the owner of applefruit.com is Frank Schilling's company, Name Administration, a company with very deep pockets: http://whois.domaintools.com/applefruit.com So, why doesn't Apple sue them under the ACPA, and collect their $100K? Don't settle, make it public, send a message. That's what Verizon did (although they settled the iREIT one; they had other cases too), and that probably led to a lot of typo-squatted Verizon-related domains being deleted. Where are the lawyers who aren't afraid of going to court? Sincerely, George Kirikos 416-588-0269 http://www.leap.com/
participants (6)
-
Beckham, Brian -
George Kirikos -
J. Scott Evans -
John McElwaine -
Paul Tattersfield -
policy＠paulmcgrady.com