[gnso-rpm-wg] FOR INFORMATION: Letter from trademark scholars and information on Deloitte Ancillary Services

Michael Karanicolas michael at law-democracy.org
Tue Mar 28 16:21:05 UTC 2017


Hi all,

Just building on the discussion around transparency, after hearing the
conversation at ICANN 58 I drafted my own short note setting out my
thoughts on the issue, which I'm attaching here.

I want to be mindful of the conversation on inputs which is ongoing
now - so hopefully it isn't out of place or inappropriate to submit my
thoughts via this method.

I very much look forward to further discussions on this issue.

Best wishes,

Michael Karanicolas

On Tue, Mar 28, 2017 at 11:54 AM, Jeff Neuman <jeff.neuman at comlaude.com> wrote:
> Thanks Mary.
>
>
>
> Co-Chairs,
>
>
>
> Can I assume that with respect to the EFF letter, the only items we would be
> discussing from that letter at this point are their comments with respect to
> design marks and the transparency of the TMCH database?
>
> I am not saying the other comments are not important, but with respect to
> this Working Group at this time, we are not yet addressing those other
> issues.
>
>
>
> I would strongly urge that we not engage yet in the other discussion around
> the other comments at this point (namely, trademark rights in general), as I
> think that could lead us down a large rabbit hole and considerably slow down
> out work.
>
>
> Thanks.
>
>
>
> Jeffrey J. Neuman
>
> Senior Vice President |Valideus USA | Com Laude USA
>
> 1751 Pinnacle Drive, Suite 600
>
> Mclean, VA 22102, United States
>
> E: jeff.neuman at valideus.com or jeff.neuman at comlaude.com
>
> T: +1.703.635.7514
>
> M: +1.202.549.5079
>
> @Jintlaw
>
>
>
>
>
> From: gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org]
> On Behalf Of Mary Wong
> Sent: Tuesday, March 28, 2017 6:15 AM
> To: gnso-rpm-wg at icann.org
> Subject: [gnso-rpm-wg] FOR INFORMATION: Letter from trademark scholars and
> information on Deloitte Ancillary Services
>
>
>
> Dear all,
>
>
>
> During the ICANN58 Working Group sessions in Copenhagen, the following two
> matters came up for which staff is now following up with the requested
> document (for #1) and information (for #2).
>
>
>
> Item #1: Letter of 10 March 2017 from some trademark scholars and
> practitioners to our Working Group co-chairs expressing concerns with
> certain aspects of the TMCH:
> https://www.eff.org/files/2017/03/10/tm_scholars_letter_to_icann_final.pdf.
>
>
>
> Item #2: Question regarding the Ancillary Services that Deloitte is
> permitted to provide under its Validation Agreement with ICANN, subject to
> ICANN’s authorization.
>
>
>
> Currently, two Ancillary Services have been approved by ICANN:
>
> 1.       Extended Claims Services
>
> The extended claims services provide the Trademark Holder or Trademark
> Agent, as applicable, with an electronic notification when a domain name
> registered in an Eligible TLD matches one or more of such party’s recorded
> labels with the TMCH.  The extended claims services does not include a
> domain name pre-registration notification (i.e. a notification to the
> potential registrant of a domain name that the domain name such registrant
> intends to register matches a label recorded with the Trademark
> Clearinghouse).
>
>
>
> 2.       Audit Report
>
> Deloitte may offer an audit report service for Trademark Holders and
> Trademark Agents with active Trademark Records recorded in the Trademark
> Clearinghouse.  Such audit reports shall consist primarily of a listing of
> matches between their recorded labels within the Trademark Clearinghouse and
> domain names registered in an Eligible TLD.
>
>
>
> FYI, Deloitte’s contract with ICANN is for an initial period expiring on the
> fifth anniversary of ICANN’s entry into a Registry Agreement under the New
> gTLD Program, with consecutive one-year renewals thereafter. Although
> Deloitte currently serves as the sole TMCH validator, ICANN may appoint
> additional validators once ten Qualified Sunrise Periods have been completed
> under the New gTLD Program.
>
>
>
> Thanks and cheers
>
> Mary
>
>
> _______________________________________________
> gnso-rpm-wg mailing list
> gnso-rpm-wg at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg
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