[Gnso-rpm-documents] Action & Notes: RPM Sub Team for URS Documents call on Wednesday, 21 February 2018 18:00 UTC

Mon Feb 26 18:27:29 UTC 2018

Hi Brian, Rebecca, and All,

Our first agenda item on Wednesday will be to review through the sections we
covered last week to obtain final agreement on what was proposed and
documented.  We'll be sure to note the statements below when we get to the
relevant section.

Thank you.

B

Berry A. Cobb

720.839.5735

 <mailto:mail at berrycobb.com> mail at berrycobb.com

@berrycobb

From: Tushnet, Rebecca [mailto:rtushnet at law.harvard.edu] 
Sent: Monday, February 26, 2018 12:41
To: BECKHAM, Brian; Berry Cobb; gnso-rpm-documents at icann.org
Subject: Re: [Gnso-rpm-documents] Action & Notes: RPM Sub Team for URS
Documents call on Wednesday, 21 February 2018 18:00 UTC

If practitioner experience isn't relevant (I agree it's not necessarily
representative of the full universe), why should our notes include the
factual claim from a member of the WG that registrants often choose not to
respond?  What is the factual, non-cherry picked evidence for that claim?

Rebecca Tushnet

Frank Stanton Professor of First Amendment Law, Harvard Law School
703 593 6759 

  _____  

From: Gnso-rpm-documents <gnso-rpm-documents-bounces at icann.org> on behalf of
BECKHAM, Brian <brian.beckham at wipo.int>
Sent: Monday, February 26, 2018 12:19:00 PM
To: Berry Cobb; gnso-rpm-documents at icann.org
Subject: Re: [Gnso-rpm-documents] Action & Notes: RPM Sub Team for URS
Documents call on Wednesday, 21 February 2018 18:00 UTC 

Thanks for these good notes Berry,

Just one question/clarification, as to this note:

"What type of mark was submitted in complaint?

Qualitative experiences from Practitioners as it relates to what they see in
regards to Standing, Grounds, Filing Period [Need to further develop these
questions]"

If I understand the way this is recorded correctly (this comes up at about
minute 21 on the call), I raised concerns about standing/grounds experiences
from practitioners, and suggested that instead that we simply look at
whether the mark is listed in the decision (note that as a filing
requirement/compliance review matter, there is a requirement that the
complaint list the mark on which it is based).

The same concern has been raised numerous times as to the standard of proof,
namely that if we simply ask practitioners for their experiences there is a
significant risk of cherry-picking for effect and focusing in only on a few
select cases that people feel should have gone a different way, and we are
not privy to the pleadings (and, frankly unfortunately many of the decisions
are extremely light on text/reasoning).

I would also like to see if the notes can reflect that in terms of notice
(building on the provider obligations) that in many cases the registrant
chooses not to respond, and this should not be mistaken as a "notice issue".

Thanks!

Brian 

From: Gnso-rpm-documents [mailto:gnso-rpm-documents-bounces at icann.org] On
Behalf Of Berry Cobb
Sent: Friday, February 23, 2018 4:19 AM
To: gnso-rpm-documents at icann.org
Subject: [Gnso-rpm-documents] Action & Notes: RPM Sub Team for URS Documents
call on Wednesday, 21 February 2018 18:00 UTC

Hi All,

Please find attached the meeting notes and the updated the Complication of
URS Discussion Documents that we reviewed yesterday.  The notes highlight
each sections the group reviewed with a summary of data sources.  The data
sources were then imported into a new column #5 labeled "Data Sources".  I
tried to detail which data sources need to be passed to the Practitioners or
the Providers, but I think we will want to spend a little time refining the
actual request/questions we want them to take on.  We can discuss more on
our next call.

Our next call is scheduled for 28 Feb. 2018 at 18:00 UTC.

Thank you.

B

Berry A. Cobb

720.839.5735

mail at berrycobb.com

@berrycobb

From: Gnso-rpm-documents [mailto:gnso-rpm-documents-bounces at icann.org] On
Behalf Of Julie Bisland
Sent: Wednesday, February 21, 2018 17:48
To: gnso-rpm-documents at icann.org
Cc: gnso-secs at icann.org
Subject: [Gnso-rpm-documents] Recordings, Attendance, & AC Chat for RPM Sub
Team for URS Documents call held Wednesday, 21 February 2018 at 18:00 UTC

Dear all,

Please find the attendance and AC Chat transcript attached to this email,
and the mp3 and Adobe Connect recording below for the RPM Sub Team for URS
Documents call held Wednesday, 21 February 2018 at 18:00 UTC 

Attendance and recordings of the call is posted on agenda wiki page:
https://community.icann.org/x/7hi8B
<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_
7hi8B&d=DwMFAg&c=WO-RGvefibhHBZq3fL85hQ&r=E-M4OQvQBo8UWqE1LwEiDR3PcWlfM0I-0j
iI1c4ous0&m=KnoWjcAyzIrdmL07qIDHDleOIfJoW_OWv0-WLc7gTvk&s=cfBxzB93nP6817NZdl
eXTrCCDSWPs43djGRCsGiEbe8&e=>   

Mp3:
https://audio.icann.org/gnso/gnso-rpm-review-urs-documents-21feb18-en.mp3
<https://urldefense.proofpoint.com/v2/url?u=https-3A__audio.icann.org_gnso_g
nso-2Drpm-2Dreview-2Durs-2Ddocuments-2D21feb18-2Den.mp3&d=DwMFAg&c=WO-RGvefi
bhHBZq3fL85hQ&r=E-M4OQvQBo8UWqE1LwEiDR3PcWlfM0I-0jiI1c4ous0&m=KnoWjcAyzIrdmL
07qIDHDleOIfJoW_OWv0-WLc7gTvk&s=tv0r2Do0PJTI_dITML6Ey5bCXCr3p7fgI_MDUHvkEqQ&
e=>  

Adobe Connect recording:
<https://urldefense.proofpoint.com/v2/url?u=https-3A__participate.icann.org_
p4ipaheruds_-3FOWASP-5FCSRFTOKEN-3D9b19dba8ccfaa74a1f84aabd2cbf6b308ed82b52e
0357dbfaf02810e749d2e3c&d=DwMFAg&c=WO-RGvefibhHBZq3fL85hQ&r=E-M4OQvQBo8UWqE1
LwEiDR3PcWlfM0I-0jiI1c4ous0&m=KnoWjcAyzIrdmL07qIDHDleOIfJoW_OWv0-WLc7gTvk&s=
rMv1inohRZG7OcBRGzeaw-3XdfLGCpguCioxqKr8JJM&e=>
https://participate.icann.org/p4ipaheruds/

The recordings and transcriptions of the calls are posted on the GNSO Master
Calendar page:
https://gnso.icann.org/en/group-activities/calendar[gnso.icann.org]
<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_grou
p-2Dactivities_calendar&d=DwMFAg&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5
cM&r=QiF-05YzARosRvTYd84AB_UYInlydmFcjNmBM5XgySw&m=tfAXvExKGQm_dLUmcPvKRPZjk
N59C1yaAhUWzvHBaxM&s=flwO6Bbv0xVjqRxqQnmGYTtMtKgfTCxLKr3M-kAqYjM&e=> 

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Thank you.

Kind regards,

Julie

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