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

Paul Tattersfield gpmgroup at gmail.com
Thu May 9 16:27:17 UTC 2019


Thanks for the link Brian, my question to Michael was really to see if the
the issues for non-match domains could be met with jsut an email to the TM
holder rather than a notice to every domain appliclicant with a TM
substring in it.

On Thu, May 9, 2019 at 5:17 PM BECKHAM, Brian <brian.beckham at wipo.int>
wrote:

> 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>
> *Date: *Thursday, May 9, 2019 at 1:48 AM
> *To: *Paul Keating <Paul at law.es>
> *Cc: *"Michael Graham (ELCA)" <migraham at expediagroup.com>, Julie Hedlund <
> julie.hedlund at icann.org>, "gnso-rpm-wg at icann.org" <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> 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> on behalf of "Michael
> Graham (ELCA) via GNSO-RPM-WG" <gnso-rpm-wg at icann.org>
> *Reply-To: *"Michael Graham (ELCA)" <migraham at expediagroup.com>
> *Date: *Wednesday, May 8, 2019 at 5:40 PM
> *To: *Julie Hedlund <julie.hedlund at icann.org>, "gnso-rpm-wg at icann.org" <
> 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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