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

Tue Mar 28 17:43:07 UTC 2017

We did discuss these issues in the F2F in Copenhagen -- but not
exhaustively....

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

On Tue, Mar 28, 2017 at 1:41 PM, Kathy Kleiman <kathy at kathykleiman.com>
wrote:

> Hi Greg,
>
> You raise a good point. I'm not sure we have explored the issues and
> concerns on both sides - the problems of having the TMCH Database closed or
> the problems that may arise from opening it up. We also have not spent much
> time on how the TMCH database came to be closed in the first place
> (according to materials put together by our WG staff, confidentiality was
> not part of the "design specs" of the GNSO Council or Board for the TMCH
> database).
>
> Sounds like a fruitful area of future WG discussion!
>
> Best, Kathy
>
> On 3/28/2017 1:30 PM, Greg Shatan wrote:
>
> 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 <(917)%20816-6428>
> S: gsshatan
> Phone-to-Skype: 646-845-9428 <(646)%20845-9428>
> 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 at ic
>> ann.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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>
>
>
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