[bc-gnso] DRAFT BC Public Comments on DAGv4

Christopher Martin cgmartin at uscib.org
Mon Jul 19 13:57:57 UTC 2010

Hi all.  USCIB is currently in the process of drafting our own DAG4 input, and so we cannot comment directly on substantive language at this time.  However, on RPMs, USCIB generally supported the IRT's recommendations.  Many of the BC's comments in the current draft(s) reflect the fact that the current DAG does not contain the thrust of those recommendations and thus we support language drawing attention to those failings and many of the suggested remedies, including much of what is said on mechanisms like URS and the Trademark Clearinghouse.  We stand by the incorporation of these items and language supporting the general thrust of the IRT recommendations in the BC comments.

On tone of the document, I agree that some language from the original draft could be shifted to more positively construe our input.  I think Jon's edits do a pretty good job in terms of changing the tone (again, no comment directly on the substantive language used except for above).


From: owner-bc-gnso at icann.org [mailto:owner-bc-gnso at icann.org] On Behalf Of Jon Nevett
Sent: Sunday, July 18, 2010 9:40 PM
To: Zahid Jamil
Cc: 'Deutsch, Sarah B'; 'Phil Corwin'; michaelc at traveler.com; mike at haven2.com; jb7454 at att.com; randruff at rnapartners.com; ffelman at markmonitor.com; bc-GNSO at icann.org
Subject: Re: Re[2]: [bc-gnso] DRAFT BC Public Comments on DAGv4


Attached is a suggested redraft to bridge the gap.  I personally don't agree with some of the arguments I left in the attached, but I tried to keep the longstanding BC positions while toning down the anti-TLD language.  I also deleted a couple of the arguments that were objected to in some of the notes I reviewed.

Here are some of the highlights:

*I deleted the GPML section.

*I deleted the clear and convincing evidence issue with regard to the URS.  As a member of the IRT, I can say that it clearly was our intent for the URS to have a higher burden of proof  than the UDRP -- the legal standard is exactly the same.  We wanted the URS to be for "slam dunk" cases.  The URS was to be a less expensive alternative to the UDRP cognizant of the fact that 70% of UDRPs go unanswered.  Has this issue even been raised before by the BC?

*Based on Sarah's helpful e-mail, I left alone the complaint about transferring names after a successful URS as that has been an issue that Zahid, Mike and others in the BC have argued consistently.  I do note, however, that transfer was not in the IRT recommendation and the STI agreed to add a year to the registration at the request of the complainant as a compromise.

*Again based on Sarah's e-mail, I left the PDDRP section pretty much alone except for an argument about registries warehousing names, but not using them, as that argument didn't make much sense to me.  That's exactly the function of a registry to warehouse names until they are sold by registrars.  If a registry "reserves" a name and it is not in use at all, the mark holder should be thrilled that it can't be registered by a squatter.

*I also deleted the paragraph about the Director of Compliance.  I don't think it appropriate to comment on those kinds of personnel matters.

*I didn't touch the arguments related to community and 13 points (though I personally favor 14 points to avoid gaming -- sorry Ron), as that seems to be longstanding BC position.

*I didn't do much on the Market Differentiation section either other than soften some of the language.

I have no idea if my attempt will get consensus or not, but I thought it worthwhile to offer alternative language and I tried hard to find a balance.



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