[Gnso-rpm-sunrise] Homework - and language

Wed Jun 12 14:10:26 UTC 2019

Hi All,  I would like to share language that John McElwaine and I have 
worked on for Q6.  It contains some important revisions suggested by John.

Best, Kathy

-----------------------

The following three criteria should be allowed for submission to the 
Trademark Clearinghouse of a request for the data of a single, specific 
mark:

A. A party associated with a business, organization or individual having 
the same name to the domain name registered during the Sunrise Period,"

B. An association or organization representing its members or affiliates 
which include the business, organization or individual with the same 
name [e.g., CTIA, INTA, etc], or

C. Someone with strong proof of violations of Sunrise Service rules 
during Sunrise registrations, including violations of Applicant 
Guidebook rules and requirements [proof which is shown to the Trademark 
Clearinghouse].*

The submission shall state the TMCH mark in question, the registered 
domain name involved, and a good faith reason why the domain name may 
not have been entitled to registration during the Sunrise Period.

The TMCH will then provide the mark's (or marks') recordals including: 
country of registration, registration number, registration date, TM 
owner, description of goods and services, or other basis of the mark(s) 
being registered in the TMCH, including protected by statute or 
treaty/country.

The TMCH will provide this information within a short period of time 
(e.g., 3 business days) to allow the filer to proceed forward with a 
Sunrise Challenge if warranted (as this is a tight timeline).

* See e.g, Applicant Guidebook, Appendices to Module 5, /Trademark 
Clearinghouse, 30 May 2011,/p.8, Section 6.2, Sunrise service, 6.2.4(iv) 
“the trademark registration on which the domain name registrant based 
its Sunrise registration did not issue on or before _the effective date 
of the Registry Agreement and was not applied for on or before ICANN 
announced the applications received._” [emphasis added]

On 6/7/2019 5:03 PM, Ariel Liang wrote:
>
> Dear Sunrise Sub Team members,
>
> *1. Homework*
>
> The Sunrise Sub Team is tasked to review the updated Status Check 
> document (see details in “Resource”) by focusing on the draft text for:
>
>   * Q6
>   * Q7
>   * Q8
>   * Q9
>   * Q10
>   * Q11
>   * Q12
>   * Q5(b)
>   * Preamble Q
>
> *2. Proposed Agenda for Next Meeting*
>
> Here is a proposed agenda for the meeting on *Wednesday,* *12 June at 
> 18:00 UTC*:
>
>  1. Review agenda/updates to Statements of Interest (SOIs)
>  2. Review workplan/timeline
>  3. Discuss proposed answersand preliminary recommendations for the
>     remaining agreed charter questions (tackle as many as possible):
>
>  1. Q6 (finish discussing proposed ideas for preliminary recommendations)
>  2. Q7
>  3. Q8
>  4. Q9
>  5. Q10
>  6. Q11
>  7. Q12
>  8. Preamble Q
>  9. Q5(b)
>
>  4. AOB
>
> *3. Resource*
>
> _Status Check_(as of 07June2019): 
> https://community.icann.org/download/attachments/102138618/%5BSunrise%20Status%20Check%5D%2007%20June%202019.pdf?version=1&modificationDate=1559936206955&api=v2
>
> Compared to the 24 May 2019 version, this updated version has the 
> following changes:
>
>   * Added a new Table 1 that provides a snapshot of the Sub Team’s
>     deliberations on all questions, highlighting “open items” based on
>     staff’s preliminary assessment
>   * In Table 2, included draft text for Preamble Q, Q5(b), Q8, Q9,
>     Q10, Q11, and Q12 based on transcripts, chats, discussion thread
>     comments, and Q8/Q12 google doc
>   * Updated text for Q1, Q2, Q3, Q4, Q5(a), and Q6, incorporating Sub
>     Team’s input provided during meetings on 29 May and 5 June and
>     from discussion threads
>   * Added a new column for proposed question for community input (if any)
>   * Per Sub Team’s suggestion, removed all
>     discussions/debates/deliberations, particularly for questions that
>     the Sub Team has diverging opinions
>   * To facilitate discussions of Q8 and Q12, posted Sub Team members’
>     proposed questions for community input from the Google Doc
>   * Updated color coding: Grey text – discussions during meetings;
>     green text – excerpts from discussion threads; blue text –
>     excerpts from Q8/Q12 Google Doc; red text – staff notes. All
>     colored text are deliberations, which will NOT be included in the
>     “status check” document when it is finalized
>   * Updated Table 3 that provides a snapshot of Sub Team’s review of
>     individual proposals, based on Co-Chairs’ preliminary assessment
>
> _Summary Table_(as of 24 May 2019): 
> https://community.icann.org/download/attachments/102138618/ST%20Copy%20-%20%5BSunrise%20Summary%20Table%5D%20%2824%20May%202019%29.pdf?version=1&modificationDate=1558729628694&api=v2
>
>   * This document is complementary to the Status Check document by
>     providing details on data and additional context.
>   * The current version contains the same proposed answers and
>     preliminary recommendations as those in the Status Check document.
>   * It also includes more details with respect to the Sub Team’s
>     review of individual proposals related to those agreed charter
>     questions.
>   * Staff will continue updating this document to reflect Sub Team’s
>     deliberation on the proposed answers, preliminary recommendations,
>     and individual proposals in relation to the agreed charter questions.
>
> _Google Doc for Sunrise Q8/Q12 _(created by Kristine D and Maxim A as 
> of 22 May 2019): 
> https://docs.google.com/document/d/1Y-ld2R-JNL1Ra9KPKpTjLGjaZvjrIFDscsuMMic_OO4/edit?usp=sharingTwo 
> Sub Team members created this Google Doc to facilitate the discussion 
> for Q8/Q12 and review of preliminary recommendations and proposed 
> questions for community input.
>
> __
>
> _Individual Proposals_:
>
> Relevant to the Agreed Sunrise Charter Questions, multiple individual 
> proposals were submitted. Staff analysis concluded the following 
> Individual Proposals are more relevant to the Agreed Sunrise Charter 
> Questions being reviewed by the Sub Team in the homework assignment:
>
>   * Proposal #1 (Q5b):
>     https://community.icann.org/download/attachments/102146375/Proposal%231.pdf?api=v2
>
>   * Proposal #2 (Q6):
>     https://community.icann.org/download/attachments/102146375/Proposal%232.pdf?api=v2
>
>   * Proposal #3 (Preamble Q):
>     https://community.icann.org/download/attachments/102146375/Proposal%233.pdf?api=v2
>
>   * Proposal #4 (Q6):
>     https://community.icann.org/download/attachments/102146375/Proposal%234.pdf?api=v2
>
>   * Proposal #7 (Q5b):
>     https://community.icann.org/download/attachments/102146375/Proposal%237.pdf?api=v2
>
>   * Proposal #8 (Q5b):
>     https://community.icann.org/download/attachments/102146375/Proposal%238.pdf?api=v2
>
>   * Proposal #9 (Q1):
>     https://community.icann.org/download/attachments/102146375/Proposal%239.pdf?api=v2
>
>   * Proposals #10 (Q3):
>     https://community.icann.org/download/attachments/102146375/Proposal%2310.pdf?api=v2
>
>   * Proposal #11 (Q3):
>     https://community.icann.org/download/attachments/102146375/Proposal%2311.pdf?api=v2
>
>   * Proposal #13 (Q9):
>     https://community.icann.org/download/attachments/102146375/Proposal%2313.pdf?api=v2
>
>
> **
>
> *4. Documents Wiki*
>
> Access the Documents wiki page and find the opening messages of all 
> discussion threads, all versions of the summary table, and other 
> working documents of the Sub Team: https://community.icann.org/x/_oIWBg
>
> Best Regards,
>
> Mary, Julie, Ariel
>
>
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