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Old 25th February 2013, 11:51 PM
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ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAIN NA

http://newgtlds.icann.org/en/announc...ent-25feb13-en
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Old 26th February 2013, 06:41 AM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

Russians will apply for ( секс.ком) sex.com in cyrillic.
They have trademark on it in Russia and successfully got секс.рф (and all other good names)
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Old 26th February 2013, 06:55 AM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

Quote:
Originally Posted by blackpower View Post
Russians will apply for ( секс.ком) sex.com in cyrillic.
They have trademark on it in Russia and successfully got секс.рф (and all other good names)
So if someone (or multiple parties) has a TM on "секс", why not take the .com version now via UDRP? Is it because they would fail? Can't think of any other reason why a TM holder wouldn't claim their gold medal now.

Or was the TM on "секс.рф"?
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Old 26th February 2013, 07:01 AM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

I think they have somehow trademarked a bunch of generic terms including sex and successfully got corresponding .rf domains during sunrize perioud.
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Old 26th February 2013, 08:32 AM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

Sunrise Period make nonsense when the IP has been nailed down for a decade.

It can only make sense if Verisign back tracks on every single commitment it is has made publicly.

This is precisely why a standard contract is complete nonsense when considering IDN version of dot Com.

Mind you, making nonsense is ICANN's main specialisation.
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Old 26th February 2013, 11:17 AM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

Quote:
Originally Posted by blackpower View Post
I think they have somehow trademarked a bunch of generic terms including sex and successfully got corresponding .rf domains during sunrize perioud.
About a decade ago, when I applied on TM in Czech Republic, I have been told, according to Madrid's protocol, there is no way to register a TM on a domain name, but why every "other" domain in the US has a TM on it ....
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Old 26th February 2013, 11:22 AM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

Quote:
Originally Posted by Eurorealtor View Post
About a decade ago, when I applied on TM in Czech Republic, I have been told, according to Madrid's protocol, there is no way to register a TM on a domain name, but why every "other" domain in the US has a TM on it ....
Yes, but they are not valid.

A registration of TM like that of a Patent can be challenged.

One of the Criteria in Law for the validity of a TM is useage.

How can you demonstrate useage of a Domain Name which you do not own?

Even ICANN would probably understand that these TMs have no merit.

You have to understand that anything that is not nailed down and defended with a heavy battle tank on each corner belongs to an American, or perhaps several Americans with competing claims, but definitely not to any non-Americans.

Yes, they even own the stuff that don't have the foggiest idea what it means and have derided for a decade. It all belongs to them. Especially the stuff that where the registration predates their TM by at least five years, because that is their most valuable Intellectual Property being a Famous Mark and all that.
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Old 28th February 2013, 08:38 AM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

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Originally Posted by Rubber Duck View Post
You have to understand that anything that is not nailed down and defended with a heavy battle tank on each corner belongs to an American, or perhaps several Americans with competing claims, but definitely not to any non-Americans.
T.com registered trademarks

Quote:
Owner (REGISTRANT) Deutsche Telekom AG CORPORATION FED REP GERMANY Friedrich-Ebert-Allee 140 Bonn FED REP GERMANY 53113
It is not only American entities that attempt to take advantage of IP law.
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Old 28th February 2013, 09:42 AM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

Quote:
Originally Posted by clipper View Post
T.com registered trademarks



It is not only American entities that attempt to take advantage of IP law.
Defensive.

Still under US system.

Probably felt they had no choice.
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Old 28th February 2013, 06:27 PM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

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Originally Posted by Rubber Duck View Post
Defensive.

Still under US system.

Probably felt they had no choice.
Are you kidding? You are aware that t.com is not and never has been registered and this is an attempt to pre-empt anyone else regging the name should Verisign open up single letter .coms?
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Old 28th February 2013, 07:17 PM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

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Originally Posted by clipper View Post
Are you kidding? You are aware that t.com is not and never has been registered and this is an attempt to pre-empt anyone else regging the name should Verisign open up single letter .coms?
And are you aware, it ha f*ck all to with Verisign?

And never been registered is debatable!
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Last edited by Rubber Duck; 28th February 2013 at 07:20 PM..
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Old 28th February 2013, 07:42 PM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

Quote:
Originally Posted by clipper View Post
Are you kidding? You are aware that t.com is not and never has been registered and this is an attempt to pre-empt anyone else regging the name should Verisign open up single letter .coms?
Hard to say if it was ever registered or not .... could easily have been reclaimed by ICANN / IANA if it wasn't renewed in the early 90's.

I thought ICANN was going to auction off the remaining ASCII single-letter .coms - whatever happened to that scheme. But then again, whatever happens to nearly all ICANN schemes. They get delayed until most people forget about them
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Old 28th February 2013, 08:14 PM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

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Originally Posted by domainguru View Post
Hard to say if it was ever registered or not .... could easily have been reclaimed by ICANN / IANA if it wasn't renewed in the early 90's.

I thought ICANN was going to auction off the remaining ASCII single-letter .coms - whatever happened to that scheme. But then again, whatever happens to nearly all ICANN schemes. They get delayed until most people forget about them
All but three which are those that don't find their way into registration plates etc were IANA reserverd right out of the gate.

Does that count as a registration? Well, my opinion would be yes, but you decide.

ICANN? Nah, they didn't exist, but they have they have been bequeathed the inheretence, which incidentally could be worth billions.

There is almost no way to gauge this!
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Old 28th February 2013, 08:22 PM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

From what I can remember, it was all down to the ability of servers to cope with large number of second level domains, so they decided that they would reserve letters at the second level so that Internt would have almost unlimited capacity at the third level.

History has proved the prevaling theory to be bollocks so ICANN is now happy to release them provided it can work out out to exploit their vested interest without causing public outrage.
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Old 28th February 2013, 08:46 PM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

http://www.circleid.com/posts/201302..._domain_names/

Quote:
Does it block others from registering trademarks for which they have no legitimate right?
Elisa Cooper (of MarkMonitor) appears to believe that TM law is black and white rather than greyscale.
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Old 1st March 2013, 09:12 AM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

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Originally Posted by Rubber Duck View Post
And are you aware, it ha f*ck all to with Verisign?

And never been registered is debatable!
Ok, clearly I wasn't.
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Old 1st March 2013, 09:19 AM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

Quote:
Originally Posted by Drewbert View Post
http://www.circleid.com/posts/201302..._domain_names/



Elisa Cooper (of MarkMonitor) appears to believe that TM law is black and white rather than greyscale.
Well, if your job is to argue that it should be effortless and free to protect your intellectual property, then the way forward is pretty straightforward.

Owners of intellectual property, however, know that the laws are cumbersome and difficult to enforce, excepting an exact copy.
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Old 1st March 2013, 09:39 AM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

Quote:
Originally Posted by Rubber Duck View Post
From what I can remember, it was all down to the ability of servers to cope with large number of second level domains, so they decided that they would reserve letters at the second level so that Internt would have almost unlimited capacity at the third level.

History has proved the prevaling theory to be bollocks so ICANN is now happy to release them provided it can work out out to exploit their vested interest without causing public outrage.
Well, if that's the case then we're in agreement, excepting the "defensive registration" of t.com.
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Old 1st March 2013, 09:49 AM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

Quote:
Originally Posted by Rubber Duck View Post
Defensive.

Still under US system.

Probably felt they had no choice.
A lawyer might ask these questions and make these points:

All VALID trademark registrations are defensive. That is the point of registration of intellectual property.

This case is not one of them.

What intrinsic right does Deutsche Telecom have to the trademark "t.com"?

How has Deutsche Telecom used this mark ("T.com" - have you seen any billboards or TV commercials touting t.com - worldwide?) in marketing its services in the past, in particular to the years prior to its 2007 registration of the trademark?

On what grounds is Deustsche Telecom "defensively" claiming this name, since it has no apparent right and no apparent infringers, as no entity has the right to this name?

What right does DT have to defend against another's similar claim, excepting their US trademark registration?

---

I'm not arguing against your assertion that IP laws are .... whatever....(outdated, skewed toward the older generations, totally insane)... they are.

But it's not only Americans that are pulling this shit. And I highly doubt that UK law is substantially different than US law regarding IP.

And if you think Deutsche Telecom has a legitimate claim on t.com, then we'll happily disagree from different islands.
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Old 1st March 2013, 09:56 AM
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Re: ICANN'S TRADEMARK CLEARINGHOUSE TO PROVIDE UNPRECEDENTED PROTECTIONS IN THE DOMAI

Don't Deutch Telecom own T-Mobile? I would have thought that gave them a legitimate interest.

Why register in the US when they could take out an International Trademark in Germany?

Probably because the US is the only place you can Trademark dot Coms, even if the Trademarks are invalid.


Quote:
Originally Posted by clipper View Post
A lawyer might ask these questions and make these points:

All VALID trademark registrations are defensive. That is the point of registration of intellectual property.

This case is not one of them.

What intrinsic right does Deutsche Telecom have to the trademark "t.com"?

How has Deutsche Telecom used this mark ("T.com" - have you seen any billboards or TV commercials touting t.com - worldwide?) in marketing its services in the past, in particular to the years prior to its 2007 registration of the trademark?

On what grounds is Deustsche Telecom "defensively" claiming this name, since it has no apparent right and no apparent infringers, as no entity has the right to this name?

What right does DT have to defend against another's similar claim, excepting their US trademark registration?

---

I'm not arguing against your assertion that IP laws are .... whatever....(outdated, skewed toward the older generations, totally insane)... they are.

But it's not only Americans that are pulling this shit. And I highly doubt that UK law is substantially different than US law regarding IP.

And if you think Deutsche Telecom has a legitimate claim on t.com, then we'll happily disagree from different islands.
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