Fwd: [CommLawBlog] ICANN's New Uniform Rapid Suspension System
Some good advice.. http://www.commlawblog.com/2011/12/articles/intellectual-property/icanns-new... Once it’s finally implemented, the URS will provide a very streamlined process, considerably faster and cheaper than the UDRP (and vastly faster and cheaper than the litigation route). With the availability of such a process, trademark holders now have more incentive to take steps to protect their most important identifiers. I’m not advocating that every business flood the USPTO with trademark applications for any catchphrase or nickname that comes to mind. But I don’t think it’s unreasonable to suggest that, at a minimum, unique business names and prominent “brands” be protected with federal registration. Let’s say, for example, that you’re a radio station owner. You have one major identifier: your call sign. You may also have a key slogan that you feature even more prominently that your call – something like “Hot 99 - Rocking the Valley”. And maybe you also have some wacky morning drive DJs using locally-popular personas that you helped create and cultivate (f’rinstance, the fictional but awesome“Crazy Ira and the Douche”<http://www.nbc.com/parks-and-recreation/exclusives/crazy-ira-and-the-douche-...>). A federal trademark application costs $275 to file, not including a couple of hours of legal time, give or take, to put together and file. You could probably register all three of the identifiers – call sign, slogan, character names – for well under $5,000. And that protects you for 10 years, as long as you continue to use the marks in question and maintain your registrations. -- --------------------------------------------------------------- Joly MacFie 218 565 9365 Skype:punkcast WWWhatsup NYC - http://wwwhatsup.com http://pinstand.com - http://punkcast.com VP (Admin) - ISOC-NY - http://isoc-ny.org -------------------------------------------------------------- -
Don't you think that ICANN should have some community input on this one ??? RJGlass A@L ________________________________ From: Joly MacFie <joly@punkcast.com> To: NA Discuss <na-discuss@atlarge-lists.icann.org> Sent: Tuesday, December 13, 2011 3:24 PM Subject: [NA-Discuss] Fwd: [CommLawBlog] ICANN's New Uniform Rapid Suspension System Some good advice.. http://www.commlawblog.com/2011/12/articles/intellectual-property/icanns-new... Once it’s finally implemented, the URS will provide a very streamlined process, considerably faster and cheaper than the UDRP (and vastly faster and cheaper than the litigation route). With the availability of such a process, trademark holders now have more incentive to take steps to protect their most important identifiers. I’m not advocating that every business flood the USPTO with trademark applications for any catchphrase or nickname that comes to mind. But I don’t think it’s unreasonable to suggest that, at a minimum, unique business names and prominent “brands” be protected with federal registration. Let’s say, for example, that you’re a radio station owner. You have one major identifier: your call sign. You may also have a key slogan that you feature even more prominently that your call – something like “Hot 99 - Rocking the Valley”. And maybe you also have some wacky morning drive DJs using locally-popular personas that you helped create and cultivate (f’rinstance, the fictional but awesome“Crazy Ira and the Douche”<http://www.nbc.com/parks-and-recreation/exclusives/crazy-ira-and-the-douche-...>). A federal trademark application costs $275 to file, not including a couple of hours of legal time, give or take, to put together and file. You could probably register all three of the identifiers – call sign, slogan, character names – for well under $5,000. And that protects you for 10 years, as long as you continue to use the marks in question and maintain your registrations. -- --------------------------------------------------------------- Joly MacFie 218 565 9365 Skype:punkcast WWWhatsup NYC - http://wwwhatsup.com http://pinstand.com - http://punkcast.com VP (Admin) - ISOC-NY - http://isoc-ny.org -------------------------------------------------------------- - ------ NA-Discuss mailing list NA-Discuss@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/na-discuss Visit the NARALO online at http://www.naralo.org ------
In what respect? One think that seems evident, as this knowledge becomes more widely disseminated, with the prospect of 100's of new gTLD's there will be a stampede to to the USPTO who are going to clean up at $275 per. No wonder the USG is favorable :) j On Tue, Dec 13, 2011 at 4:20 PM, RJ Glass <jipshida2@yahoo.com> wrote:
Don't you think that ICANN should have some community input on this one ???
RJGlass A@L
________________________________ From: Joly MacFie <joly@punkcast.com> To: NA Discuss <na-discuss@atlarge-lists.icann.org> Sent: Tuesday, December 13, 2011 3:24 PM Subject: [NA-Discuss] Fwd: [CommLawBlog] ICANN's New Uniform Rapid Suspension System
Some good advice..
http://www.commlawblog.com/2011/12/articles/intellectual-property/icanns-new...
Once it’s finally implemented, the URS will provide a very streamlined process, considerably faster and cheaper than the UDRP (and vastly faster and cheaper than the litigation route). With the availability of such a process, trademark holders now have more incentive to take steps to protect their most important identifiers. I’m not advocating that every business flood the USPTO with trademark applications for any catchphrase or nickname that comes to mind. But I don’t think it’s unreasonable to suggest that, at a minimum, unique business names and prominent “brands” be protected with federal registration.
Let’s say, for example, that you’re a radio station owner. You have one major identifier: your call sign. You may also have a key slogan that you feature even more prominently that your call – something like “Hot 99 - Rocking the Valley”. And maybe you also have some wacky morning drive DJs using locally-popular personas that you helped create and cultivate (f’rinstance, the fictional but awesome“Crazy Ira and the Douche”< http://www.nbc.com/parks-and-recreation/exclusives/crazy-ira-and-the-douche-...
). A federal trademark application costs $275 to file, not including a couple of hours of legal time, give or take, to put together and file. You could probably register all three of the identifiers – call sign, slogan, character names – for well under $5,000. And that protects you for 10 years, as long as you continue to use the marks in question and maintain your registrations. --
Joly MacFie 218 565 9365 Skype:punkcast WWWhatsup NYC - http://wwwhatsup.com http://pinstand.com - http://punkcast.com VP (Admin) - ISOC-NY - http://isoc-ny.org -------------------------------------------------------------- - ------ NA-Discuss mailing list NA-Discuss@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/na-discuss
Visit the NARALO online at http://www.naralo.org ------ ------ NA-Discuss mailing list NA-Discuss@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/na-discuss
Visit the NARALO online at http://www.naralo.org ------
-- --------------------------------------------------------------- Joly MacFie 218 565 9365 Skype:punkcast WWWhatsup NYC - http://wwwhatsup.com http://pinstand.com - http://punkcast.com VP (Admin) - ISOC-NY - http://isoc-ny.org -------------------------------------------------------------- -
One think that seems evident, as this knowledge becomes more widely disseminated, with the prospect of 100's of new gTLD's there will be a stampede to to the USPTO who are going to clean up at $275 per.
Hah. The real price of registering a trademark is more like $1000 and up, since it is quite rare for an initial application to be accepted as is. Of course, asking a trademark lawyer if you should register a trademark is like asking an herbalist if you need some herbs. Well, duh. The URS looks like another black hole to me. As we all know, trademarks are specific to an industry and geographic area, and registration is optional, while domain names are not. It is entirely possible, nay likely, that a domain name could exactly match a registered trademark yet have no intent to squat or confuse. Regards, John Levine, johnl@iecc.com, Primary Perpetrator of "The Internet for Dummies", Please consider the environment before reading this e-mail. http://jl.ly
Regarding your last paragraph. To be successful a URS complaint has to show more than the existence of a trademark that matches the domain. RT On Dec 13, 2011, at 3:22 PM, John R. Levine wrote:
One think that seems evident, as this knowledge becomes more widely disseminated, with the prospect of 100's of new gTLD's there will be a stampede to to the USPTO who are going to clean up at $275 per.
Hah. The real price of registering a trademark is more like $1000 and up, since it is quite rare for an initial application to be accepted as is.
Of course, asking a trademark lawyer if you should register a trademark is like asking an herbalist if you need some herbs. Well, duh.
The URS looks like another black hole to me. As we all know, trademarks are specific to an industry and geographic area, and registration is optional, while domain names are not. It is entirely possible, nay likely, that a domain name could exactly match a registered trademark yet have no intent to squat or confuse.
Regards, John Levine, johnl@iecc.com, Primary Perpetrator of "The Internet for Dummies", Please consider the environment before reading this e-mail. http://jl.ly ------ NA-Discuss mailing list NA-Discuss@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/na-discuss
Visit the NARALO online at http://www.naralo.org ------
To be successful a URS complaint has to show more than the existence of a trademark that matches the domain.
I realize that's the theory. The UDRP has a similar theory, but there's precious few UDRP cases where the trademark matches and the domain isn't taken away. R's, John
Anyone who thinks they will get quick results from USPTO is in for a rude awakening. -------------------------------------------------- From: "Joly MacFie" <joly@punkcast.com> Sent: Tuesday, December 13, 2011 4:34 PM To: "RJ Glass" <jipshida2@yahoo.com> Cc: "NA Discuss" <na-discuss@atlarge-lists.icann.org> Subject: Re: [NA-Discuss] Fwd: [CommLawBlog] ICANN's New Uniform Rapid Suspension System
In what respect?
One think that seems evident, as this knowledge becomes more widely disseminated, with the prospect of 100's of new gTLD's there will be a stampede to to the USPTO who are going to clean up at $275 per.
No wonder the USG is favorable :)
j
On Tue, Dec 13, 2011 at 4:20 PM, RJ Glass <jipshida2@yahoo.com> wrote:
Don't you think that ICANN should have some community input on this one ???
RJGlass A@L
________________________________ From: Joly MacFie <joly@punkcast.com> To: NA Discuss <na-discuss@atlarge-lists.icann.org> Sent: Tuesday, December 13, 2011 3:24 PM Subject: [NA-Discuss] Fwd: [CommLawBlog] ICANN's New Uniform Rapid Suspension System
Some good advice..
http://www.commlawblog.com/2011/12/articles/intellectual-property/icanns-new...
Once it’s finally implemented, the URS will provide a very streamlined process, considerably faster and cheaper than the UDRP (and vastly faster and cheaper than the litigation route). With the availability of such a process, trademark holders now have more incentive to take steps to protect their most important identifiers. I’m not advocating that every business flood the USPTO with trademark applications for any catchphrase or nickname that comes to mind. But I don’t think it’s unreasonable to suggest that, at a minimum, unique business names and prominent “brands” be protected with federal registration.
Let’s say, for example, that you’re a radio station owner. You have one major identifier: your call sign. You may also have a key slogan that you feature even more prominently that your call – something like “Hot 99 - Rocking the Valley”. And maybe you also have some wacky morning drive DJs using locally-popular personas that you helped create and cultivate (f’rinstance, the fictional but awesome“Crazy Ira and the Douche”< http://www.nbc.com/parks-and-recreation/exclusives/crazy-ira-and-the-douche-...
). A federal trademark application costs $275 to file, not including a couple of hours of legal time, give or take, to put together and file. You could probably register all three of the identifiers – call sign, slogan, character names – for well under $5,000. And that protects you for 10 years, as long as you continue to use the marks in question and maintain your registrations. --
Joly MacFie 218 565 9365 Skype:punkcast WWWhatsup NYC - http://wwwhatsup.com http://pinstand.com - http://punkcast.com VP (Admin) - ISOC-NY - http://isoc-ny.org -------------------------------------------------------------- - ------ NA-Discuss mailing list NA-Discuss@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/na-discuss
Visit the NARALO online at http://www.naralo.org ------ ------ NA-Discuss mailing list NA-Discuss@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/na-discuss
Visit the NARALO online at http://www.naralo.org ------
-- --------------------------------------------------------------- Joly MacFie 218 565 9365 Skype:punkcast WWWhatsup NYC - http://wwwhatsup.com http://pinstand.com - http://punkcast.com VP (Admin) - ISOC-NY - http://isoc-ny.org -------------------------------------------------------------- - ------ NA-Discuss mailing list NA-Discuss@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/na-discuss
Visit the NARALO online at http://www.naralo.org ------
participants (5)
-
Garth Bruen at Knujon.com -
John R. Levine -
Joly MacFie -
Richard Tindal -
RJ Glass