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

Tue Mar 28 17:39:42 UTC 2017

With respect Paul, even if I agreed with that characterization, no one is "heavier" than anyone else at ICANN. 

Kiran Malancharuvil 
Policy Counselor
MarkMonitor
415-419-9138 (m) 

Sent from my mobile, please excuse any typos. 

> On Mar 28, 2017, at 10:36 AM, Paul Keating <Paul at law.es> wrote:
> 
> 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
>>>> _______________________________________________
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> 
> 