Grace It's very relevant and I think .Africa is implementing this during the Sunrise Period. Maybe @Alice Munyua can give us more information? By the way even KeNIC is implementing a Sunrise Period in the delegation of the second level domains (.ke) which I understand kicked off last weekend? @KeNIC can you maybe educate us on this? Regards *Ali Hussein* *Principal* *Hussein & Associates* Tel: +254 713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim <http://ke.linkedin.com/in/alihkassim> 13th Floor , Delta Towers, Oracle Wing, Chiromo Road, Westlands, Nairobi, Kenya. Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with. On Fri, Jul 28, 2017 at 7:06 AM, Grace Mutung'u via kictanet < kictanet@lists.kictanet.or.ke> wrote:
I wonder how much.africa is implementing the trade mark clearing house and whether this debate is relevant for Africa.
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EFF is now encouraging registrants to avoid domains that are subject to the TMCH. From https://www.eff.org/deeplinks/ 2017/07/how-threats-against-domain-names-used-censor-content:
"Today EFF and Public Knowledge are releasing a whitepaper titled Which Internet registries offer the best protection for domain owners? <https://www.eff.org/files/2017/07/26/domain_registry_whitepaper.pdf> ...
To draw one example of out of our whitepaper, if you're running a website to criticize an established brand and you use that brand as part of your domain name, it may be wise to avoid registering it in a top-level domain that offers special rights and procedures to brand owners, that could result in your domain name being wrongly taken away or could embroil you in dispute settlement proceedings.
This probably means you'll want to think twice about registering in any of the newer global top-level domains (gTLDs), which provide brand owners access to a privately-run Trademark Clearinghouse that gives them veto powers that go far beyond those they would receive under the trademark law of the United States or those of most other countries.
For example, under U.S. trademark law, if a trademark applicant sought to register an ordinary word such as smart, forex, hotel, one, love, cloud, nyc, london, abc, or luxury, they would have to specify the category of goods or services they provide, and protection for the mark might only be extended to its use in a logo, rather than as a plain word. Yet each of the plain words above has been registered in the Trademark Clearinghouse <https://www.eff.org/deeplinks/2017/03/icanns-special-privileges-trademark-owners-are-theworst>, to prevent them being used in *any *of the new gTLDs without triggering a warning to prospective registrants about possible infringement.
This applies regardless of whether the planned usage covers the same category of goods or services as the original trademark—indeed there isn't even any way for the registrant to find out what that category was, or even which country accepted the mark for registration, because the contents of the Trademark Clearinghouse database are secret. And since 94% of prospective registrants abandon <https://www.icann.org/news/announcement-2017-02-23-en> their attempted registration of a domain after receiving a trademark warning, this has a drastic chilling effect on speech.
EFF is currently participating in an ICANN <https://www.eff.org/issues/icann> working group fighting to ensure that brand owners' veto rights aren't extended even further (for example to catch domains that include *typos* of brand names), and to prevent these outrageous rules being applied to older gTLDs such as .com, .net, and .org. But for now, you can minimize your exposure to trademark bullying by avoiding registering your website in one of the new domains that is subject to these unfair policies. Our whitepaper explains what to look for."
-- Jeremy Malcolm Senior Global Policy Analyst Electronic Frontier Foundationhttps://eff.orgjmalcolm@eff.org
Tel: 415.436.9333 ext 161
:: Defending Your Rights in the Digital World ::
Public key: https://www.eff.org/files/2016/11/27/key_jmalcolm.txt PGP fingerprint: 75D2 4C0D 35EA EA2F 8CA8 8F79 4911 EC4A EDDF 1122
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