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

[Greg Shatan]

Michael,

Do you have any solutions for the issues and concerns that have been
mitigated by having the database be closed?

Thanks!

Greg


*Greg Shatan *C: 917-816-6428
S: gsshatan
Phone-to-Skype: 646-845-9428
gregshatanipc at gmail.com


On Tue, Mar 28, 2017 at 12:21 PM, Michael Karanicolas <
michael at law-democracy.org> wrote:

> 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@
> 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
>
> _______________________________________________
> gnso-rpm-wg mailing list
> gnso-rpm-wg at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg
>
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