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

Tue Mar 28 17:41:31 UTC 2017

Do we know who wrote the letter?

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

On Tue, Mar 28, 2017 at 2:35 PM, 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
> >>> _______________________________________________
> >>> 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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> >>> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg
> >_______________________________________________
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>
>
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