[GNSO-RPM-WG] GNSO RPM-Trademark Claims Notice Sub Team -- Proposal for Submission and Apologies

BECKHAM, Brian brian.beckham at wipo.int
Thu May 9 16:17:53 UTC 2019


Paul, and Paul,

This is already provided by the TMCH:

https://www.trademark-clearinghouse.com/content/ongoing-notifications

Brian

From: GNSO-RPM-WG <gnso-rpm-wg-bounces at icann.org> On Behalf Of Paul Keating
Sent: Thursday, May 9, 2019 12:47 PM
To: Paul Tattersfield <gpmgroup at gmail.com>
Cc: gnso-rpm-wg at icann.org
Subject: Re: [GNSO-RPM-WG] GNSO RPM-Trademark Claims Notice Sub Team -- Proposal for Submission and Apologies

Excellent idea Paul!

This is a service that the TMCH could easily implement.  It would then allow the trademark holder to deal with the issue in a responsible manner instead of having a knee-jerk and chilling email sent to the registrant.

Paul. Keating

From: Paul Tattersfield <gpmgroup at gmail.com<mailto:gpmgroup at gmail.com>>
Date: Thursday, May 9, 2019 at 1:48 AM
To: Paul Keating <Paul at law.es<mailto:Paul at law.es>>
Cc: "Michael Graham (ELCA)" <migraham at expediagroup.com<mailto:migraham at expediagroup.com>>, Julie Hedlund <julie.hedlund at icann.org<mailto:julie.hedlund at icann.org>>, "gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>" <gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>>
Subject: Re: [GNSO-RPM-WG] GNSO RPM-Trademark Claims Notice Sub Team -- Proposal for Submission and Apologies

Hi Michael,
Couple of quick questions

Wouldn't single letter marks generate a lot of notices especially an 'a' or 'e' ?
Would it be possible to just send a notfication email to the mark holder so they could remain informed of new registrations and be able to montior the new domains and thereby avoid the chilling effect of lots of TMCH notices to gwnuine registrants?
Best regards,
Paul.

On Wed, May 8, 2019 at 5:14 PM Paul Keating <Paul at law.es<mailto:Paul at law.es>> wrote:
With all respect to Michael, I do not believe this proposal should be accepted at this time.

Questions 7 and 8 remain unanswered.  These are important threshold questions that the proponent should complete prior to submission.  Otherwise the work group is bogged down considering or perhaps even assisting in the development of basic rationale for the proposal.  This should be undertaken by the proponent.

Thus, here we have a proposal to significantly expand the scope of notification.  It would, for example, trigger a notice for Apple Computers if I wanted to register Pineapple. xyz or a trademark holder for “THE” if I wanted to register Theater.club or for Nike if I wanted to register Airplane.xyz

The proposal provides no evidence that would support the proposal (Question 7).

Nor does it reference any data reviewed by the Sub Team that show any need to address the issue (Question 8).


With a properly completed questionnaire this may become a legitimate request but it currently does not meet the requirements IMHO.

Paul Keating

From: GNSO-RPM-WG <gnso-rpm-wg-bounces at icann.org<mailto:gnso-rpm-wg-bounces at icann.org>> on behalf of "Michael Graham (ELCA) via GNSO-RPM-WG" <gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>>
Reply-To: "Michael Graham (ELCA)" <migraham at expediagroup.com<mailto:migraham at expediagroup.com>>
Date: Wednesday, May 8, 2019 at 5:40 PM
To: Julie Hedlund <julie.hedlund at icann.org<mailto:julie.hedlund at icann.org>>, "gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>" <gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>>
Subject: [GNSO-RPM-WG] GNSO RPM-Trademark Claims Notice Sub Team -- Proposal for Submission and Apologies

Unfortunately, I will not be able to attend the call today due to pressing business matters.  Because the schedule calls for discussion of answers and proposals regarding Question 4 regarding whether the Exact Match standard for sending Claims Notices should be extended, and I wish to resubmit my “Exact Match Plus” proposal for either the Sub Team’s approval or approval for placing before the community for Public Comment, I am attaching my proposal – which I have revised to the form for submission of proposals.  I have not completed the references to Evidence, and had hoped to do so in part today during our call.  I shall, however, complete this if granted time to do so before our next call.

Thank you all for your consideration and indulgence,
Michael R.
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