[ga-tm] TRADE MARKS & IP

["Co-Chair, DNSO GA" <patrick@corliss.net>]

Trade Marks & IP:  To consider and recommend policy improvements in relation
to the use of domain names as a speech mechanism including, but not limited
to, its use for advertising, promotion, protest and criticism particularly
where such use may infringe on the rights or interests of other parties such
as trade-mark holders.

POSSIBLE AGENDA

(1)    ICANN & UDRP Structure
Accountability of arbitrators etc.
Appeals & Court jurisdiction
Oversight and policing of "rules"
Blanket "no liability" for ICANN and providers

(2)    UDRP Guidelines & Rationale
Are domains property?
Famous names and hoarding
Definition of "cybersquatting"
Multiple claimants, expired domains
Relationship to "trade mark law"
Common Law Trade Mark Rights

(3)    Dispute Procedures
Dispute procedures & proofs
Time for posting complaint & response
Identical or confusingly similar
"bad faith", speculation & hoarding
Owner seasrches & pattern matching
Speech - generic and protest words.
Reverse domain name hijacking.
Review of systemic faults or failures.

(4)    WIPO-2
Possible extensions to present system.
Common words, pharmaceutical ids and geographic terms.
WIPO comment period ends 8th June 2001.

(5)    Best Practices for ccTLDs
Applicability to ccTLDs & others
Reconciling different jurisdictions
WIPO comment period ends 30th April 2001.


Best regards
Patrick Corliss
Co-Chair, DNSO GA.





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