All,
I want to keep today's NPOC Members call
focused on the agreed agenda and don’t want to spend online call
time on this issue now.
So, I am sharing
a question I am working up for NPOC to put before the ICANN board.
I will share the final version of the question and evidence here
on npoc-discuss later.
The question
is:
How can
ICANN protect
the integrity of the ownership of domain names when a growing
number of
multilateral treaty organizations have their own internal
intellectual property
dispute resolution processes and are not obliged to respect
ICANN’s terms of
ownership and dispute resolution processes?
The exhibit to illustrate this concern is the
recent WTO
dispute resolution panel (one person) who took the ownership of
trumpcard.com
(registered in 2009) and gave it to Donald Trump’s companies on
the grounds
that Donald Trump, the U.S. serial entrepreneur with gambline
interests, registered "Trumpcard" as a trademark in 2011 – two
years
later. The trademark with for a credit card venture. Now
trumpcard.com
simply auto directs one’s browser to the creditcard application
page.
The English word trumpcard, related to games of
chance, has
been in use for 700 years. The domain owner was using the
trukmpcard.com site to direct players to various online gambling
sites, and doing nothing illegal or
contrary to ICANN terms ownership. If ICANN has no status in
protecting the legitimate
ownership of domain names, ICANN and domain name owners face a
major problem. I am hoping that
the ICANN board will have a comment on this issue.
Sam Lanfranco, Chair
NPOC Policy Committee