[Gnso-rpm-trademark] Recordings, Attendance & AC Chat for Review of all Rights Protection Mechanisms (RPMs) Sub Team for Trademark Claim call on Friday, 02 June 2017

[Michelle DeSmyter]

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 Rights Protection Mechanisms (RPMs) Sub Team for Trademark Claims call held on Friday, 02 June 2017 at 16:00 UTC. Attendance of the call is posted on agenda wiki page:

MP3:   https://audio.icann.org/gnso/gnso-rpm-review-trademark-claims-02jun17-en.mp3
Adobe Connect recording:   https://participate.icann.org/p9hpjty9z6w/

The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/en/group-activities/calendar[gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_en_group-2Dactivities_calendar&d=DwMFAg&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=8_WhWIPqsLT6TmF1Zmyci866vcPSFO4VShFqESGe_5iHWGlBLwwwehFBfjrsjWv9&m=uJfJWoN7nxtNa6oyzJ-EGnX5Vn7vlD7tkbLQQSpAl78&s=09-hpj8Vqv3vLuehnnGTKpwOQd0nwvWvHRepgXr0-xk&e=>


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



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



Thank you.

Kind regards,

Michelle





Adobe Connect chat transcript for 02 June 2017:

Michelle DeSmyter:Welcome to the Review of all Rights Protection MechanismsSub Team for Trademark Claims call on Friday, 2 June 2017 at 16:00 UTC for 60-minute duration.
  Michelle DeSmyter:Meeting agenda page: https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_gDHwAw&d=DwICaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=8_WhWIPqsLT6TmF1Zmyci866vcPSFO4VShFqESGe_5iHWGlBLwwwehFBfjrsjWv9&m=ERW95kw0KHcjtqgfgPPlRCcmToBC8LjbIw5wZwRmqAA&s=ZW-EDEaAOMUfWlne3OvHe1FA1joumGuWyCV6zVMrTq0&e=
  Amr Elsadr:Thanks Michelle.
  Kristine Dorrain - Amazon:Mary and Amr, Michael is under the weather today so I will be chairing in his place.
  Kristine Dorrain - Amazon:(and Michelle)
  Michelle DeSmyter::)  Thank you Kristine - this is noted
  Amr Elsadr:Thanks, Kristine, and sorry to hear about Michael.
  Mary Wong:The Barca Plague, I believe, is the popular term this week :)
  Kristine Dorrain - Amazon:https://docs.google.com/document/d/13u5h6Wh6QUqW0vzT5q0zCTEmjMQ8_iCat6ZehLHQC7Q/edit
  Mary Wong:@Susan, thanks and yes, that's right. Zero responses despite several reminders.
  Mary Wong:@Roger, thank you for sharing. QUESTION - is there some way (e.g. trusted third party) that registrars would feel comfortable providing generalized data to, who can then compile it as a full anonymized list?
  Roger Carney:That is fairly deep analsys as well
  Mary Wong:Some of the basic information is in the TMCH Requirements and Functional Specs, though of course each registrar differs in its actual timing/practice to some extent, e.g. "The Claims Notice MUST be provided  by  the  registrar at  the  time  of  potential registration  in  real  time, without  cost  to  the  prospective domain name registrant, and MUST be in the form specified in  the  Claims  Notice  Form."
  Jeff Neuman:Its also very possible that some registrars checked against the TMCH never intending to register the names...but rather to just figure out what was in the database
  Kiran Malancharuvil:+1 Jeff.  Possible and likely.
  Amr Elsadr:@Jeff and Kiran: Yes, and this was noted in the AG report.
  Kiran Malancharuvil:I might have misinterpreted what Rebecca said, but I would object to the characterizaiton of the benefits of the claims notices as "marginal" if that's what she said.
  Roger Carney:@Jeff, I think that was one of the conclusions from IBM
  Jeff Neuman:Plus, there is a difference between abandonment where registrants said they did not want to proceed and where registrants said nothing but just closed their browser....
  Rebecca L Tushnet:No, my point was the effect of the notice is the marginal difference in abandonment rate between (group that got a notice) and (group that didn't get a notice)--you could say "net" instead of marginal if you prefer.
  Jeff Neuman:Its why I just believe focusing on the abandonment rate at this point is a wild goose chase.....
  Jeff Neuman:For the next application window (if there is claims), we can see if registrants are willing to take surveys on why they did or did not proceed
  Jeff Neuman:until then, I am not sure we can or should give too much of an emphasis on abandonment
  Rebecca L Tushnet:That's not what I said.
  Rebecca L Tushnet:If you're going to read out comments, please read the whole.
  Kristine Dorrain - Amazon:Apologies...I was skimming.  will update
  Mary Wong:@Jeff, we will check and see what we can find
  Rebecca L Tushnet:Thank you.
  Kiran Malancharuvil:Agree with Jeff that trying to come up with a definitive reason for abandonment is a wild goose chase.  I'll go further and say... Trying to prescribe motive for the purpose of policy development is dangerous.
  Kiran Malancharuvil:Look at cart abandonment in online stores.... it's a mystery for the ages
  Rebecca L Tushnet:That's why we often use net in A v. B testing.
  Rebecca L Tushnet:Got a notice/didn't get a notice isn't a perfect control, but it is more information.
  Roger Carney:@Phil, deter bad actors and educate everyone
  Jeff Neuman:Did the TMCH measure abandonment rates measured by registrar?  I cant recall
  Amr Elsadr:@Jeff: They did, and excluded a few registrars that were performing bulk downloads of trademark records, which ultimately did not make a significant difference in their (AG) findings
  Jeff Neuman:Why this matters is that some registrars did not offer registrations during the claims period.  That does not mean that they did not have access to the  TMCH.  Thus, their abandonment rate could be 100% or close to them
  Amr Elsadr:@Jeff: The registrars were obviously not identified in the report, but the AG has access to this raw data as part of the "unique" downloads from the TMCH database..., unique being a specific TM record downloaded by a specific registrar with a specific timestamp.
  Jeff Neuman:Can they provide that data to us in an anonymized format.....so, instead of saying "GoDaddy", it would say Registrar "A" "B", "C", etc.
  Jeff Neuman:Just percentages...not raw numbers
  Mary Wong:Didn't AG do some of this comparison (registrations that were then subject to UDRP/URS proceeedings) in their report?
  Amr Elsadr:Apologies to all if I'm falling behind on notes. Will listen to the recording to complete them.
  Amr Elsadr:If I'm not mistaken, last week Michael indicated that an analysis of this would be done somewhere over the summer?
  Susan Payne:sorry what Q are we onm
  Amr Elsadr:I mean data on UDRP/URS cases/decisions (2d)
  Amr Elsadr:@Susan: 2.d.
  Kristine Dorrain - Amazon:Susan: Left column 2, second column (d)
  Susan Payne:and can you unsynch the doc please as it keeps jumping about
  Amr Elsadr:It isn't synched. You should be able to scroll on your end.
  Susan Payne:ok thanks
  Kristine Dorrain - Amazon:Amr, I think Michael was hoping for an academic or a firm intern to be offered.  :)
  Amr Elsadr:Offered by and to who? :-)
  Amr Elsadr:I'm curious, so will ask him. :-)
  Susan Payne:sounds sensible
  Kiran Malancharuvil:Thanks!
  Susan Payne:thanks Kristine
  Amr Elsadr:Thanks all. Bye.

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