[Gnso-rpm-trademark] CLOSED: [Discussion Thread] TM Claims Q1

[Ariel Liang]

Dear Trademark Claims Sub Team members,

In the absence of further discussions and per Sub Team Co-Chairs’ determination, the Discussion Thread for the Trademark Claims Agreed Charter Question 1 is now closed.

Best Regards,
Mary, Julie, Ariel

From: Ariel Liang <ariel.liang at icann.org>
Date: Thursday, April 25, 2019 at 7:48 AM
To: "gnso-rpm-trademark at icann.org" <gnso-rpm-trademark at icann.org>
Subject: [Discussion Thread] TM Claims Q1


Dear Trademark Claims Sub Team members,


As announced, this thread is being opened for final mailing list discussions related to Trademark Claims Agreed Charter Question 1, including Proposals #5 and #6.


We ask that you review the Summary Table (as of 16 April 2019) and provide any additional input you may have to the “tentative answers & preliminary recommendations” in relation to the Agreed Charter Question, and consider draft answers to the following questions regarding the individual proposals:
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 15 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 3-6)

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/102138613/%5BClaims%20Summary%20Table%5D%20%2816%20April%202019%29.pdf?version=1&modificationDate=1555515784000&api=v2

Agreed Trademark Claims Question 1 (Page 3)
Q1 Is the Trademark Claims service having its intended effect? Consider the following questions specifically in the context both of a Claims Notice as well as a Notice of Registered Name:
(a) Is the Trademark Claims service having its intended effect of deterring bad-faith registrations and providing Claims Notice to domain name applicants?
Proposed Answer: The Trademark Claims service is possibly having its intended effect of deterring bad-faith registrations, but there is insufficient data to know the extent of the deterrence.

(b) Is the Trademark Claims service having any unintended consequences, such as deterring good-faith domain name applications?
Proposed Answer: The Trademark Claims service is possibly having unintended consequences, such as deterring good-faith domain name applications, but there is insufficient data to know the extent of the deterrence.

Draft Recommendation: The Sub Team recommends that the language of the Trademark Claims Notice be revised, in accordance with the Implementation Guidance outlined in the Sub Team’s recommendations for Question 3.


Individual Proposals

The Sub Team just discussed the Proposal #5 on 24 April 2019 and has not yet discussed Proposal #6, 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 update via this discussion thread.



Links to the individual proposals are included below.

Proposal #5: https://community.icann.org/download/attachments/102146375/Proposal%235.pdf?api=v2

Proposal #6: https://community.icann.org/download/attachments/102146375/Proposal%236.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/9YIWBg


Best Regards,

Mary, Julie, Ariel

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