[Cc-hk] [berkmanfriends] ICANN, new top-level domains, and trademark issues

Rebecca MacKinnon rebecca.mackinnon at gmail.com
Sat Jul 11 03:49:47 EDT 2009


Exactly. Makes no sense.

Sent from my iPhone
UK: +44-7759-863406
USA: +1-617-939-3493
HK: +852-6334-8843

On Jul 11, 2009, at 7:18 AM, Samuel Klein <meta.sj at gmail.com> wrote:

> I'm so confused by the domain-trademark problems.
>
> Why aren't domain names covered by standard trademark law like any
> other entity-formation?  we don't need ICANN rules to keep me from
> starting a Starbucks Inc cafepress store, or creating a "red cross"
> foundation that sells red crosses to raise money for pandas.   why is
> domain squatting treated so baroquely?
>
> S
>
> On Fri, Jul 10, 2009 at 4:31 AM, Rebecca
> MacKinnon<rebecca.mackinnon at gmail.com> wrote:
>> Hi everybody.
>> As some of you know, next year ICANN plans to allow applications from
>> anybody who wants to run a new top-level domain (the part of the  
>> URL after
>> the dot), in any language. This has opened up a big argument over  
>> trademarks
>> among other things.
>>
>> A set of recommendations for how to handle trademark disputes has  
>> been
>> issued by an Implementation Recommendation Team (IRT) from ICANN's
>> Intellectual Property Constituency. It has been up for download and  
>> public
>> comment here:
>> http://www.icann.org/en/announcements/announcement-4-29may09-en.htm
>>
>> One critique of the IRT report highlighting free speech concerns is  
>> here:
>> http://www.circleid.com/posts/20090621_mahmoud_ahmadinejad_globally_protected_marks_list_gpml/
>>
>> The Non-Commercial Users' Constituency within ICANN strongly  
>> objects to
>> these recommendations. In their formal comment paper objecting to the
>> subtance of the IRT report, they state:
>>
>> "the substantive IRT recommendations take ICANN far afield of its  
>> technical
>> scope and mission, create substantive new trademark rights (beyond  
>> existing
>> law), gut existing safeguards and fair procedures for domain name
>> registrants in the Uniform Dispute Resolution Policy (“UDRP”), and 
>>  create an
>> unbounded situation for abuse by trademark lawyers and those  
>> representing
>> trademark owners."
>>
>> The full objection paper is here:
>> http://icann-ncuc.ning.com/profiles/blogs/ncucs-substantive-comments-on
>>
>> Other public comments are here:
>> http://forum.icann.org/lists/irt-final-report/
>>
>> Public consultations will be held in New York and London next week,  
>> then in
>> Hong Kong the following week. The NCUC encourages people with  
>> concerns can
>> show up in person to voice them.
>>
>> THE DEADLINE TO REGISTER FOR THE NYC AND LONDON MEETINGS IS TODAY  
>> (Friday).
>> The deadline for Hong Kong is next week. For more information and  
>> to sign up
>> go here:
>> http://www.icann.org/en/topics/new-gtlds/consultation-outreach-en.htm
>>
>> Best,
>> Rebecca
>>
>>
>> --
>> Rebecca MacKinnon
>> Open Society Fellow | Co-founder, GlobalVoicesOnline.org
>> Assistant Professor, Journalism & Media Studies Centre, University  
>> of Hong
>> Kong
>>
>> UK: +44-7759-863406
>> USA: +1-617-939-3493
>> HK: +852-6334-8843
>> Mainland China: +86-13710820364
>>
>> E-mail: rebecca.mackinnon at gmail.com
>> Blog: http://RConversation.blogs.com
>> Twitter: http://twitter.com/rmack
>> Friendfeed: http://friendfeed.com/rebeccamack
>>
>> ----------
>> You are subscribed to the Berkman Fellows and Friends discussion  
>> list.
>>
>> Mailing list options: http://cyber.law.harvard.edu/lists/info/berkmanfriends
>> Mailing list members:
>> http://cyber.law.harvard.edu/lists/review/berkmanfriends
>>
>> Please mind that emails sent through this list are considered  
>> public unless
>> otherwise noted.
>>
>>
>>



More information about the Cc-hk mailing list