[Gnso-rpm-trademark] Mp3, Attendance, AC recording & AC Chat Review of all Rights Protection Mechanisms (RPMs) Sub Team for Trademark Claim

Fri Apr 14 18:39:22 UTC 2017

Dear All,

Please find the attendance of the call attached to this email. The MP3,
Adobe Connect recording and Adobe Connect chat below for the Review of all
Review of all Rights Protection Mechanisms (RPMs) Sub Team for Trademark
Claims call held on Friday, 14 April 2017 at 16:00 UTC. Attendance of the
call is posted on agenda wiki page: https://community.icann.org/x/ds7RAw

MP3:
https://audio.icann.org/gnso/gnso-rpm-review-trademark-claims-14apr17-en.mp3

Adobe Connect recording:   
https://participate.icann.org/p3nv2phl1u6/

The recordings and transcriptions of the calls are posted on the GNSO Master
Calendar page: http://gnso.icann.org/en/group-activities/calendar

** Please let me know if your name has been left off the list **

Mailing list archives:  <http://mm.icann.org/pipermail/gnso-rpm-trademark/>
http://mm.icann.org/pipermail/gnso-rpm-trademark/

Wiki page:  https://community.icann.org/x/psrRAw

Thank you.

Kind regards,

Terri Agnew

Adobe Connect chat transcript for 14 April 2017:     

          Terri Agnew:Welcome to the Review of all Rights Protection
Mechanisms (RPMs) Sub Team for Trademark Claims on Friday, 14 April 2017 at
16:00 UTC for 60 minute duration

  Terri Agnew:agenda wiki page:
https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_d
s7RAw
<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_
ds7RAw&d=DwICaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DRa2dXAvSFpC
IgmkXhFzL7ar9Qfqa0AIgn-H4xR2EBk&m=wOrkrn2nAYgSwhBt_cBONdpRnj1je_dJSY9MaLc6o1
c&s=F4H54JXg6KznnftB-PwIiaONoOse-m5n67R_YvU6Ft0&e>
&d=DwICaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DRa2dXAvSFpCIgmkXh
FzL7ar9Qfqa0AIgn-H4xR2EBk&m=wOrkrn2nAYgSwhBt_cBONdpRnj1je_dJSY9MaLc6o1c&s=F4
H54JXg6KznnftB-PwIiaONoOse-m5n67R_YvU6Ft0&e= 

  J. Scott Evans:dialing in now

  Michael R Graham:I would be able to co-chair, but not until after April 27
due to work and other project requirements.

  J. Scott Evans:+1

  Michael R Graham:Glad to work with Kristine to herd us all.

  Philip Corwin:Hello all

  Mary Wong:Yes, that's right - sorry to have missed that. The other
deliverable from this Sub Team is, indeed, a "mini work plan" for how to
tackle the proposed, bundled (weeded out) questions, and estimate how long
it would take.

  Kristine Dorrain - Amazon Registry Services:Amr's overview of the timeline
was helpful last call too

  J. Scott Evans:correct

  J. Scott Evans:The full WG is alwaus the ultimate decider

  Kristine Dorrain - Amazon Registry Services:Agree Mary

  Susan Payne:me too,strongly support

  Rebecca L Tushnet:I think some of the general questions are relevant

  Kristine Dorrain - Amazon Registry Services:Yes, I think the general
questions should be viewed against each individual question under the Claims
category

  Michael R Graham:@Rebecca:  Agree -- We should review and agree on these.

  J. Scott Evans:+1 Mary

  Susan Payne:+1

  Kristine Dorrain - Amazon Registry Services:Thanks Mary

  Kristine Dorrain - Amazon Registry Services:Page 2

  Kristine Dorrain - Amazon Registry Services:1 seems pretty straightforward

  Susan Payne:looks fine

  Rebecca L Tushnet:+1

  J. Scott Evans:fine

  Michael R Graham:Should the questions include follow-up questions?  e.g.
"If so, what period might be appropriate?  If not, should the period be
shortened?" etc

  Kristine Dorrain - Amazon Registry Services:FU questions are also
important for determining timeline....

  Scott Austin:Could there be a middle ground the procedure pemit a request
for a 30 day extension similar to the TTAB's extension requrest for filng a
notice of opposition 

  Kristine Dorrain - Amazon Registry Services:Scott, Ry can extend the
claims period however long they want to

  Michael R Graham:@Scott:  Your comment would be perfect for the discussion
of the possible answers to 1.

  Griffin Barnett:I think we may be getting a little ahead of ourselves in
suggesting responses to questions now.

  Griffin Barnett:Definitely agree with Michael, but not sure right now is
the time ot get into responses

  Michael R Graham:@Griffin +1 -- 

  J. Scott Evans:@Kristine. Agree on Q2

  Susan Payne:I think this is intended to be a "should subs rounds have a
mandatory claims period"  but v good question, it's a bit unclear

  Kristine Dorrain - Amazon Registry Services:Thanks Susan

  Kristine Dorrain - Amazon Registry Services:Can we capture that point from
Phil

  Griffin Barnett:Trademark Claims = the notice to prospective registrants;
do we also expect to discuss Notice of Registrant Name in this sub as well?

  Griffin Barnett:I agree it is important to be precise in discussing these
concepts

  Griffin Barnett:*Notice of Registered Name

  Susan Payne:I wanted to comment on the ongoing notices specifically

  Michael R Graham:I would say that 1 and 2 related; 3 and 5 related.

  Michael R Graham:@Phil - For clarification, the Notice of DN Registration
to TM owner is only as to registration of applications subject of Claims
issued during 90 day period -- and not after.  Correct?

  Kristine Dorrain - Amazon Registry Services:I think we may all not
"bucket" the questions the same say.  I propose we all "bucket" them in a
way that makes sense to us then discuss.  That is, we don't need to agree
with Phil or Michael at this time.

  Kristine Dorrain - Amazon Registry Services::)

  Mary Wong:@Kristine, we will note all suggestions :)

  Kristine Dorrain - Amazon Registry Services:Just trying to avoid a
bucketing debate right now.  LOL

  Mary Wong:@Michael, as a mandatory RPM, yes but as Susan is saying, there
is an ongoing service that the TMCH offers that can be opted for

  J. Scott Evans:and the additional service doesn't send anything to the DN
registrant does it?

  Kristine Dorrain - Amazon Registry Services:not that one

  Susan Payne:J Scott - yes, nothing to the registrant during the ongoing
post 90 day period

  J. Scott Evans:so, no argable "chlling effect"

  Philip Corwin:I think #4 relates to discussion we already had on whether
terms registered in TMCH should be limited in scope to general purpose gTLDs
plus those verticals related to the goods and services covered by the mark.
I believe we agree to defer a decision on that until we had reviewed
sunsrise and claims.

Griffin Barnett:No chilling effect for any NORN because by definition the
registration has already taken place if a NORN is being sent to the TM owner

  Philip Corwin:Suggest we should use the term "good faith registrations".

  Kristine Dorrain - Amazon Registry Services:I like good faith.

  Kristine Dorrain - Amazon Registry Services:Agree Phil

  Michael R Graham:@Phil -- "good faith domain name applications"?  Then,
what do we mean by "good faith"?

  Susan Payne:well you could be good faith (ie not knowingly infringing) but
you would actually infringe - however I think we know what we're trying to
say by good faith

  Kristine Dorrain - Amazon Registry Services:Mary, as the voiceless
co-chair can I suggest we summarize homework and plan for our next call when
this line of discussion is done?

  Michael R Graham:@Phil -- Agree on using "good faith" -- 

  Michael R Graham:Let's all try to propose wording for next
call/discussion.

  Scott Austin:Willl #4 stay in RE #4 stays in her and if permitted to
discuss this now as part of claims, has there been any distinction in TMCH
between those registrations which require detailed g/s ids versus those
countries which permit classwide (i.e. entire international class of goods
or services) for TM registrations.

  Kristine Dorrain - Amazon Registry Services:Agree, Michael, rephrase
and/or clarify and/or follow up Qs.

  Philip Corwin:By good faith registration I mean one where the registrant
has no intent to engage in cybersquatting. We want TM claims notice to deter
bad faith registrations but not good faith ones.

  Susan Payne:I think 4 needs to go to the Sunrise group

  Griffin Barnett:+1

  Griffin Barnett:(@Susan)

  J. Scott Evans:i need to sign off

  Michael R Graham:@Phil  Agree totally with wanting TM claims notice to act
as deterrent.  Also, to provide TM owners notice so they can take preventive
action before cost/efforts to applicant.

  Kristine Dorrain - Amazon Registry Services:Thanks J Scott

  Kristine Dorrain - Amazon Registry Services:I like this time Friday.  I
prefer 60 minutes.

  Kristine Dorrain - Amazon Registry Services:Others?

  Griffin Barnett:Support keeping these calls on Fridays, same time
generally works for me

  Scott Austin:+1 Susan

  Griffin Barnett:Also agree 60 mins

  Beth Allegretti:I agree with Kristine

  Michael R Graham:Agree on Fridays and time

  Susan Payne:me too - firday, now

  Rebecca L Tushnet:I'm pretty flexible

  Roger Carney:Agreed

  Philip Corwin:I won't be able to join next friday but what works best for
the rest of you should determine

  Michael R Graham:Can we ask for proposals for questions be submitted by
Wednesday to give time to consider?

  Kristine Dorrain - Amazon Registry Services:+1 Michael

  Susan Payne:ok

  Kristine Dorrain - Amazon Registry Services:We're anticipating chocolate.

  Kristine Dorrain - Amazon Registry Services:Probably

  Susan Payne:wonderful, another good call

  Kristine Dorrain - Amazon Registry Services:Thanks for pinch-hitting,
Mary!

  Beth Allegretti:Thanks!

  Michael R Graham:Thanks Mary!!!!

  Philip Corwin:Bye all

  Kristine Dorrain - Amazon Registry Services:Happy weekend.

  Griffin Barnett:Thanks, bye all

  Susan Payne:bye

  Amr Elsadr:Thanks all. Bye.

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