[Gnso-rpm-sunrise] Actions & Notes: RPM Sunrise Sub Team Meeting 08 May 1800 UTC

[BECKHAM, Brian]

Thanks Julie,

Just for fun (as I am aware the example was merely anecdotal), further to our hypothesizing last night, indeed, MINI does have a range of folding bikes:

https://www.bmwblog.com/2018/02/28/new-mini-folding-bike/

This does however illustrate in some ways the nuance in trademark classes and TLD typology that may escape proposal No. 13 in its current form.

As I mentioned on our call, I believe there is a shared willingness to address the issue Michael has raised, but via the SDRP challenge process, and not via claims exclusions.

Brian

From: Gnso-rpm-sunrise <gnso-rpm-sunrise-bounces at icann.org> On Behalf Of Julie Hedlund
Sent: Wednesday, May 8, 2019 11:52 PM
To: gnso-rpm-sunrise at icann.org
Subject: [Gnso-rpm-sunrise] Actions & Notes: RPM Sunrise Sub Team Meeting 08 May 1800 UTC

Dear All,

Please see below the action items and notes captured by staff from the RPM Sunrise Sub Team meeting held on 08 May 2019 (18:00-19:30 UTC).  Staff will post them to the wiki space.  Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/display/RARPMRIAGPWG/2019-05-08+Sub+Team+for+Sunrise+Data+Review.

Best Regards,
Julie
Julie Hedlund, Policy Director

==

NOTES & ACTION ITEMS

Action Items:


  1.  Sub Team members will review discussion threads on:
     *   Q1 (including Proposal #9): https://mm.icann.org/pipermail/gnso-rpm-sunrise/2019-April/000278.html
     *   Q3 (including Proposals #10 & #11): https://mm.icann.org/pipermail/gnso-rpm-sunrise/2019-April/000270.html
     *   Q4: https://mm.icann.org/pipermail/gnso-rpm-sunrise/2019-April/000271.html
     *   Q5(a): https://mm.icann.org/pipermail/gnso-rpm-sunrise/2019-April/000279.html
     *   Q6: http://mm.icann.org/pipermail/gnso-rpm-sunrise/2019-May/000286.html
  2.  Question #8: Staff will revise the summary table.  Distinguish among the three elements: LRP, ALP, QLP to make sure they are not conflated.
  3.  Staff will update the summary table based on the transcript/recording from the meeting.

Brief Notes:

1. Updates to Statements of Interest (SOIs): No updates provided.

2. Development of Preliminary Recommendations:

a. Discuss agreed Sunrise Charter Question 8

-- There were some limited comments in the data, but don’t think they relate to the LRP.  Some issues around launch programs generally.
-- Limited uptake of ALP.
-- People need to be clear what they are talking about.  Make sure this is clear in the discussion thread.
-- The responses said that some registries noted issues with the improved launch program, which is completely different.
-- Staff will revise the summary table by reviewing the source material.

b. Discuss agreed Sunrise Charter Question 9, in conjunction with Proposal #13

-- Support for keeping the current rules.
-- Let mark holders decide where to register the mark in Sunrise.
-- Anecdote suggest problems -- scenarios where people gamed the system.
-- Solution penalizes the vast majority of genuine brand owners.
-- Don’t develop a system that goes further than it should.
-- Not every TLD is category-specific.

Proposal #13, Michael Karanicolas:
-- Where a top level domain is suggestive of a category of service, then the TM holder would have to prove use in that category of service.
-- The proposal doesn’t go far enough.
-- Could look at how SDRP could address the problem or some variant.



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