[bc-gnso] Report card on BC/IPC improvements in Rights Protection Mechanisms for new gTLDs

[Marie Pattullo]

Thanks, Steve: that’s very useful.

 

While it is heartening that Fadi has agreed to at least listen to concerns of right holders, AIM members are, I’m afraid, less than reassured by the outcome to date. As regards the “strawman model”:

•              It does not mention the URS.

•              There is no reason that we can see for the termination of TM Claims at 60, or in total 90, days. As for paying for weakened claims beyond the 90 days: all this does is increase costs to right holders. TM Claims will not actually do anything to prevent fraud/cybersquatting, so their only practical purpose is to assist good faith applicants who do not know that their chosen string is a TM. Therefore, limiting the life of the Claims Service hurts two parties – good faith applicants and right holders - while smoothing the path for registrars/registries to sell infringing names and for cybersquatters to buy them. Where is the public interest here?

•              Why the limit of 50 previously abused strings? If I have more than 50 successful UDRP decisions for my brands, this proves that my brands are popular targets for cybersquatters, thus popular consumer searches (otherwise, why cybersquat?) Consumers are therefore faced with multiple frauds of their favoured brands. Why is this equitable? Should it not be for the right holder to decide which – and how many – strings it wishes to pay for to be in the TMCH?

•              Why are blocking measures of any kind (e.g. the LPR) not even considered?

 

As for onward actions – we note that Fadi said that he will be publishing the “strawman” for public comments and asking the GNSO for further input. Do we have any timelines there?

 

Looking forward to any further news on the call tomorrow,

 

Kind regards

 

Marie

 

 

 

From: owner-bc-gnso at icann.org [mailto:owner-bc-gnso at icann.org] On Behalf Of Steve DelBianco
Sent: jeudi 29 novembre 2012 15:22
To: bc - GNSO list
Subject: [bc-gnso] Report card on BC/IPC improvements in Rights Protection Mechanisms for new gTLDs

 

BC Members — in advance of our member call tomorrow, here's a "report card" on the eight RPM improvements we suggested in Toronto.  (attached)

 

The report card includes links to Fadi's blogs on "Strawman" proposals.

 

Below the report card are my notes from Fadi's call on 26-Nov.

 

This doc also includes the latest proposal from BC/IPC on how to implement "blocking" thru a Limited Preventative Registration mechanism (LPR).

 

Look forward to the discussion tomorrow, when BC members who were engaged in the discussion can explain further:

Marilyn Cade

Elisa Cooper

Bryce Coughlin

Martin Sutton

Susan Kawaguchi

Fred Felman

Sarah Deutsch

 

-- 

Steve DelBianco

Executive Director

NetChoice

http://www.NetChoice.org and http://blog.netchoice.org 

+1.202.420.7482 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/bc-gnso/attachments/20121129/5c8ca3d5/attachment.html>