[Gnso-rpm-sunrise] Question 6 (a-c) proposed text

[Ariel Liang]

Hello Kristine and Susan,

Thank you very much for proposing the new language for Q6(a)-(c).

On Wednesday, 19 June, staff sent out the updated Status Check document which include proposed language by the Co-Chairs in collaboration with staff. This email (attached) may be missed due to travels. We have included the proposed language for Q6 in the updated status check document below. As you can see, the updated version is much briefer; the discussions and deliberations text will be included in the Summary Table, so nothing will be lost.

Please be so kind to review the updated version below and let us know if you have any additional feedback / see whether any revision to your proposed language is needed.

Thank you,
Mary, Julie, Ariel

==

Q6(a): What are Sunrise Dispute Resolution Policies (SDRPs), and are any changes needed?
Proposed Answer: The Sub Team noted that SDRPs are explained in the Section 6.2.2 and 6.2.4 of Module 5 of the Applicant Guidebook. The Sub Team generally recognized that it is not within the scope of the RPM PDP WG to recommend changes to any Registry Operator specific SDRPs. The Sub Team had widely diverging opinions on whether any changes, deletions, or additions to the mandatory grounds are needed.

Q6(b): Are SDRPs serving the purpose(s) for which they were created?
Proposed Answer: The Sub Team had widely diverging opinions on whether SDRPs are serving the purpose(s) for which they were created.

Q6(c): If not, should they be better publicized, better used or changed?
Proposed Answer: Since the Sub Team had widely diverging opinions on whether SDRPs are serving the purpose(s) for which they were created, it did not consider this question.



From: Gnso-rpm-sunrise <gnso-rpm-sunrise-bounces at icann.org> on behalf of "Dorrain, Kristine via Gnso-rpm-sunrise" <gnso-rpm-sunrise at icann.org>
Reply-To: "Dorrain, Kristine" <dorraink at amazon.com>
Date: Friday, June 21, 2019 at 8:53 PM
To: "gnso-rpm-sunrise at icann.org" <gnso-rpm-sunrise at icann.org>
Subject: [Gnso-rpm-sunrise] Question 6 (a-c) proposed text

Hi everyone:

In an effort to move things along on the murky SDRP questions, Susan and I worked to come up with some initial report language that we think the group might be able to agree on and submit it here for your review.  If we can get consensus, we can remove all the “some subteam members” language.  ☺

Thanks and safe travels,
Kristine


Q6(a): What are Sunrise Dispute Resolution Policies (SDRPs), and are any changes needed?

Proposed Answer: According to the Section 6.2.2 and 6.2.4 of the Trademark Clearinghouse Model of Module 5 of the Applicant Guidebook, SDRP is a mechanism that a Registry Operator must provide to resolve disputes regarding its registration of Sunrise Registrations. It allows challenges to Sunrise Registrations related to Registry Operator’s Allocation and registration policies, on four non-exhaustive grounds, including on the grounds that the domain name that was registered does not identically match the Trademark Record on which the Sunrise-Eligible Rights Holder based its Sunrise Registration. In the time between when the AGB was written and the TMCH requirements were established, the TMCH dispute procedure was created.  This procedure allows for challenges to the recordal of marks in the TMCH that underlie Sunrise Registrations. As a result two of AGB requirements for Registry Operator SDRPs are moot; and in any event the registry operator is not the best-placed party to adjudicate these challenges due to the fact that the registry operator is reliant on trademark eligibility information provided to it by the TMCH.  We propose a resolution that codifies the current practice, with no changes.

Recommendations:
The SubTeam recommends that the next Applicant Guidebook be amended as follows:

  1.  We recommend: the new version of the AGB should include the TMCH dispute resolution procedure for challenging the validity of trademark recordals entered into the TMCH.  This procedure is currently published at: https://www.trademark-clearinghouse.com/dispute#3.3 [trademark-clearinghouse.com]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.trademark-2Dclearinghouse.com_dispute-233.3&d=DwMFAg&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=dRzB-YypMqj9AZjlP_sZHORJtVF4M6AI0vip1lbQy10&m=s_LbxQ_OeRPWx2GqlO5SRIFeKx9J97VzgNWGKAXqxIA&s=8qOcSHE0IuEzqnvs6j7aN_b12-C2Z2LzcHxGoTk0zA8&e=>.  ICANN Org should ensure that its contract for the provision of TMCH services makes the operation of the TMCH dispute resolution procedure a requirement for the TMCH Provider.
  2.  We recommend: What is current AGB (Module 5) Trademark Clearinghouse Model, section 6.2.4 be amended to remove (i) and (iii).
  3.  We recommend: The AGB (Module 5) 6.2.4 be amended to include 6.2.6 – the Registry Operator will, upon receipt from the TMCH of a finding that a sunrise registration was based upon an invalid TMCH record (pursuant to a TMCH dispute resolution procedure), immediately cancel the domain name registration.

Note: Registry Operators should continue to have the option to offer a broader SDRP to include optional/additional Sunrise criteria as desired.


[The below are just edited from the staff doc using both color (red/green) and traditional strike-through/underline to identify deletions/additions.]

Q6(b):Are SDRPs serving the purpose(s) for which they were created?

Proposed Answer: The Sub Team had difficulty determining whether SDRPs are serving the purpose(s) for which they were created, as each TLD has its own SDRP and there is hardly any data or analysis of the SDRP decisions across all new gTLD. Some sub team members have proposed a solution in Q6(a) that will eliminate the non-functional parts of the SDRP requirements and codify the current practice. Some Sub Team members believe that, in general, SDRPs do not seem to serve the purpose(s) for which they were created. One Sub Team member believes that SDRPs seem obsolete because the TMCH already has a mechanism to challenge the underlying trademark record of a Sunrise registration. Another Sub Team member believes that the limited access to the TMCH and the lack of trademark information to identify whether a complaint is well-grounded makes it difficult to challenge a registration via the SDRP. Nevertheless, one Sub Team member believes that the SDRPs are generally serving the purpose(s) for which they were created despite their low usage.

 Q6(c): If not, should they be better publicized, better used or changed?

Proposed Answer: Some SubTeam members have proposed some useful changes in Q6(a).

One Sub Team member commented that whether SDRPs should be better publicized is contingent on whether they are serving the purpose(s) for which they were created. However, it is not harmful for Registry Operators to periodically remind registrants of the existence of SDRPs. One Sub Team member believes that it is not within the scope of the RPM PDP WG to recommend how SDRPs can be better used. It is up to the Registry Operators and challengers to decide.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-rpm-sunrise/attachments/20190622/6da6aa94/attachment-0001.html>
-------------- next part --------------
An embedded message was scrubbed...
From: Julie Hedlund <julie.hedlund at icann.org>
Subject: [Gnso-rpm-sunrise] Sunrise Sub Team: ICANN65 Preparation and	Meeting Details
Date: Wed, 19 Jun 2019 14:06:44 +0000
Size: 363067
URL: <http://mm.icann.org/pipermail/gnso-rpm-sunrise/attachments/20190622/6da6aa94/attachment-0001.mht>