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

[Paul Keating]

Well it was written but some relatively heavies in the legal field.

On 3/28/17, 4:42 PM, "Kiran Malancharuvil via gnso-rpm-wg"
<gnso-rpm-wg-bounces at icann.org on behalf of gnso-rpm-wg at icann.org> wrote:

>Many of the signatories aren't members of the working group. When
>input/comment is received by an ICANN working group by outside parties,
>the working group often invites those people to attend a meeting to
>facilitate the discussion so that there can be meaningful dialogue and a
>better common understanding of the issues raised.
>
>There is a prescribed time in the icann policy development process for
>solicitation of comments, as well as review and consideration of public
>comment. My question (for staff, to be clear) is why we are considering
>this public comment out of turn. Why does it have elevated importance?
>
>Thanks,
>
>Kiran 
>
>Kiran Malancharuvil
>Policy Counselor
>MarkMonitor
>415-419-9138 (m) 
>
>Sent from my mobile, please excuse any typos.
>
>> On Mar 28, 2017, at 8:33 AM, Rebecca Tushnet
>><Rebecca.Tushnet at law.georgetown.edu> wrote:
>> 
>> (1) Yes. (2) Invited by whom? (3) It's my understanding that all
>> comments should be considered; are you aware of any we're ignoring?
>> Rebecca Tushnet
>> Georgetown Law
>> 703 593 6759
>> 
>> 
>> On Tue, Mar 28, 2017 at 11:30 AM, Kiran Malancharuvil via gnso-rpm-wg
>> <gnso-rpm-wg at icann.org> wrote:
>>> Agree with Jeff.
>>> 
>>> Also, are these "trademark scholars" represented in the group? Are
>>>they invited in for discussion? Why is this letter any more important
>>>than any other public comment?
>>> 
>>> Thanks,
>>> 
>>> Kiran
>>> 
>>> Kiran Malancharuvil
>>> Policy Counselor
>>> MarkMonitor
>>> 415-419-9138 (m)
>>> 
>>> Sent from my mobile, please excuse any typos.
>>> 
>>> On Mar 28, 2017, at 7:54 AM, Jeff Neuman
>>><jeff.neuman at comlaude.com<mailto: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<mailto:jeff.neuman at valideus.com> or
>>>jeff.neuman at comlaude.com<mailto: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>
>>>[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<mailto: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.p
>>>df.
>>> 
>>> 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<mailto:gnso-rpm-wg at icann.org>
>>> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg
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