[Gnso-rpm-sunrise] [Discussion Thread] Sunrise Q9

Thu May 9 16:04:08 UTC 2019

Michael,

I would personally prefer not to get into a Google search race for some kind of “exceptions to prove the rule” and also because “tattoos” is not a class of marks<https://trademark.eu/list-of-classes-with-explanatory-notes/>, but these articles could be of interest in terms of explaining why they may seek such a defensive sunrise registration:

https://www.pinterest.ch/steelephotograp/mini-cooper-tattoos/

https://metro.co.uk/2011/01/25/andreas-muller-has-mini-tattooed-on-penis-to-win-car-632961/

Also, while MINI may not make motorcycles, their sister company BMW does, so they could well branch out into that product area (including related services).

I have already suggested improvements to the SDRP on several occasions, going back almost 2 years now (those were apparently parked in preference of various data seeking exercises), so would respectfully suggest that others take the baton from here.

As I said, I believe there is a genuine willingness to explore such solutions.

At the same time, it seems unlikely that the current proposal No. 13 is likely to garner consensus, and will defer to the Sub Team Co-Chairs to address that at the level of our present discussions.

Brian

From: Michael Karanicolas <mkaranicolas at gmail.com>
Sent: Thursday, May 9, 2019 5:50 PM
To: BECKHAM, Brian <brian.beckham at wipo.int>
Cc: Ariel Liang <ariel.liang at icann.org>; gnso-rpm-sunrise at icann.org
Subject: Re: [Gnso-rpm-sunrise] [Discussion Thread] Sunrise Q9

Interesting, thanks for sharing. I checked whether Mini made motorcycles before I sent my proposal in... I didn't think to check whether they made regular bicycles!

By any chance, were you able to find any examples of the company branching into the tattoo business as well (http://mini.tattoo)?

I'm not sure if this presents a "nuance" in trademark classes. I don't think it's much of a revelation that "bikes" can refer to motorcycles or regular bicycles. All this represents is a product line I was unaware of. And under my proposal, all Mini would have to do would be to include the link you provided when they register the domain under sunrise, and that should be that.

Personally, I don't see how the SDRP challenge process could be retooled to turn it into something that adequately represents the interests of potential future registrants without injecting massive amounts of transparency into the sunrise and TMCH processes... but I would be interested to hear your thoughts as to how this might work.

On Thu, May 9, 2019 at 12:38 PM BECKHAM, Brian <brian.beckham at wipo.int<mailto:brian.beckham at wipo.int>> wrote:
Thanks Ariel,

Copying here, my full email to the Sunrise List from earlier today as it relates to proposal No. 13:

--

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

--

Brian

From: Gnso-rpm-sunrise <gnso-rpm-sunrise-bounces at icann.org<mailto:gnso-rpm-sunrise-bounces at icann.org>> On Behalf Of Ariel Liang
Sent: Thursday, May 9, 2019 5:36 PM
To: gnso-rpm-sunrise at icann.org<mailto:gnso-rpm-sunrise at icann.org>
Subject: [Gnso-rpm-sunrise] [Discussion Thread] Sunrise Q9

Dear Sunrise Sub Team members,

As announced, this thread is being opened for final mailing list discussions related to Sunrise Agreed Charter Question 9, including Proposal #13.

We ask that you review the Summary Table (as of 16 April 2019) and provide any additional input you may have to the “proposed answers & preliminary recommendations” in relation to the Agreed Charter Question, and consider draft answers to the following questions regarding the individual proposal:
a. Should the Sub Team recommend that the full WG consider including this Individual Proposal in the Initial Report for the solicitation of public comment?
b. In light of the Individual Proposal, are any modifications to the current “tentative answers & preliminary recommendations” needed?
c. Should any additional Sub Team recommendations be made in relation to the agreed Sunrise charter question?

Unless the Sub Team Co-Chairs determine otherwise, this discussion thread will remain open until 23:59 UTC on 22 May 2019. Comments/input provided past the closing date or outside this discussion thread will not be taken into account when compiling the final Sub Team member input.

Summary Table (Pages 36-40)

The draft answers, preliminary recommendations, and links to the relevant individual proposals are in the latest Summary Table (as of 16 April 2019):

https://community.icann.org/download/attachments/102138618/%5BSunrise%20Summary%20Table%5D%20%2816%20April%202019%29.pdf?version=1&modificationDate=1555515624235&api=v2.

Agreed Sunrise Charter Question 9 (Page 36)
The Sub Team just discussed Agreed Charter Question 9 on 08 May 2019, hence the proposed answers are “TBD”. Based on the Sub Team’s discussions, the transcript and notes, staff will provide update.

Q9 In light of the evidence gathered above, should the scope of Sunrise Registrations be limited to the categories of goods and services for which?
Proposed Answer: TBD

Individual Proposal

The Sub Team just discussed the Proposal #13 on 08 May 2019, hence there is no draft answer currently on the Summary Table (as of 16 April 2019). Based on the Sub Team’s discussions, the transcript and notes, staff will provide.

Link to the individual proposal is included below.
Proposal #13: https://community.icann.org/download/attachments/102146375/Proposal%2313.pdf?api=v2

Where to Find All Discussion Threads
Access the Documents wiki page and find the opening messages of the all discussion threads in the table (highlighted in green): https://community.icann.org/x/_oIWBg

Best Regards,
Mary, Julie, Ariel

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