[GNSO-RPM-WG] Proposed Agenda for RPM PDP WG Meeting - Thursday, 13 August 17:00 UTC

Thu Aug 13 14:00:53 UTC 2020

Hi Paul,Tx for language below. As we review it, could you kindly
circulate:  Section 6.2.1(a) or (b) is grounds for a successful
complaint. 
That would be helpful for seeing the big picture.Best and tx,Kathy

----- Original Message -----
From: "McGrady Paul D." 
To:"Julie Hedlund" , "gnso-rpm-wg at icann.org" 
Cc:
Sent:Wed, 12 Aug 2020 11:47:10 +0000
Subject:Re: [GNSO-RPM-WG] Proposed Agenda for RPM PDP WG Meeting -
Thursday, 13 August 17:00 UTC

	Thanks Julie!

	All, in advance of #3 below, I have been giving the public comment
some thought.  Below is what I came up with  I look forward to
discussing it on the list and on Thursday.

	__________________

	The following is offered in response to the IPC and BC’s comments
that modifications to the TM-PDDRP (the “Policy”) could solve the
problem of circumvention by some registries of Sunrise:.  

	Here is a proposed Recommendation XX:

	Amend the TM-PDDRP as needed:

	·       to include a second potential claim that “Provider
operates the gTLD in a manner that circumvents the purpose of the
rights protection mechanisms and/or takes unfair advantage of
Complainant’s trademark(s).”

	·       such that proving either Section 6.2.1(a) or (b) is
grounds for a successful complaint. 

	·       to more clearly explain the standard of proof for
successful Complainants.  Here is proposed text for consideration:
“Complainants are required to prove, by clear and convincing
evidence,  that, through the registry operator’s affirmative
conduct, there is a substantial pattern or practice of specific bad
faith intent by the registry operator to profit from the goodwill
associated with complainant’s trademarks, as evidenced by the manner
in which the registry operator offers sunrise registrations or
reserves and sells trademarked terms.”

	·       to ensure that ICANN actually implements any adverse
decision and award against a Provider under the Policy.

	Safeguards for Registries:

	·       higher prices without “something more” are not de
facto price gouging

	·       it is understood that registries often charge slightly
higher prices for Sunrise registrations based on their costs

	·       price gouging does not include listing an otherwise
generic name at a higher price unless it is specifically targeted
based on the TLD term (e.g, apple.computer vs. apple.food)

	·       the policy is only meant to address concerns about the
behavior of a Registry Operator that shows a pattern of bad faith
behavior, not a few isolated incidents

	·       the system is loser-pays in order to reduce the risk
of frivolous complaints;

	·       Compliance must still determine the appropriate remedy

	·       The changes to the policy are not meant to create any
new rights, but merely proposes a new way to enforce the existing
policies and procedures.

	I look forward to everyone’s thoughts on list and on the call.

	Best,

	Paul

	To receive regular COVID-19 updates from Taft, subscribe here [1].
For additional resources, visit Taft's COVID-19 Resource Toolkit [2].

 This message may contain information that is attorney-client
privileged, attorney work product or otherwise confidential. If you
are not an intended recipient, use and disclosure of this message are
prohibited. If you received this transmission in error, please notify
the sender by reply e-mail and delete the message and any attachments.

	FROM: GNSO-RPM-WG  ON BEHALF OF Julie Hedlund
SENT: Tuesday, August 11, 2020 3:38 PM
TO: gnso-rpm-wg at icann.org
SUBJECT: [GNSO-RPM-WG] Proposed Agenda for RPM PDP WG Meeting -
Thursday, 13 August 17:00 UTC

	Dear RPM WG members, 

	 Please find the proposed agenda and materials below for the _FULL
WG_ meeting on THURSDAY, 13 AUGUST 2020 AT 17:00 UTC FOR 90 MINUTES.

	 Draft Proposed Agenda:

	* Review Agenda and Updates to Statements of Interest

	* TM Claims Recs #2, #3 #4, #5 & Q#2, Rec #6: see Public Comment
Review Tool [docs.google.com] [3] and Public Comment Analysis summary
[docs.google.com] [4]

	* TM-PDDRP Rec #1: see Public Comment Review Tool [docs.google.com]
[5] and Public Comment Analysis summary [docs.google.com] [6]

	* AOB

	Proposed Co-Chair rotation for chairing the meeting: Kathy Kleiman

	Best Regards,

	 Mary, Julie, Ariel

Links:
------
[1] https://www.taftlaw.com/general/subscribe
[2]
https://www.taftlaw.com/general/coronavirus-covid-19-resource-toolkit
[3]
https://urldefense.com/v3/__https:/docs.google.com/spreadsheets/d/1xMehg9o44bdz85ry0LJvhzoOaKdmJ6SwIrLneMx0Ixc/edit*gid=872694278__;Iw!!PtGJab4!rxlhMsV11g8RhqLUb8bFJttc4YkVICAcMDTuiBOv4UEt_fy736V9yMGYFN2iYz95zF-5mV137g%24
[4]
https://urldefense.com/v3/__https:/docs.google.com/document/d/10mftuhNy7YMgtCIu2ZRwsCleDgbP8AAAFz_jMHBFL70/edit?usp=sharing__;!!PtGJab4!rxlhMsV11g8RhqLUb8bFJttc4YkVICAcMDTuiBOv4UEt_fy736V9yMGYFN2iYz95zF-wrGS1sw%24
[5]
https://urldefense.com/v3/__https:/docs.google.com/spreadsheets/d/1xMehg9o44bdz85ry0LJvhzoOaKdmJ6SwIrLneMx0Ixc/edit*gid=872694278__;Iw!!PtGJab4!rxlhMsV11g8RhqLUb8bFJttc4YkVICAcMDTuiBOv4UEt_fy736V9yMGYFN2iYz95zF-5mV137g%24
[6]
https://urldefense.com/v3/__https:/docs.google.com/document/d/10mftuhNy7YMgtCIu2ZRwsCleDgbP8AAAFz_jMHBFL70/edit?usp=sharing__;!!PtGJab4!rxlhMsV11g8RhqLUb8bFJttc4YkVICAcMDTuiBOv4UEt_fy736V9yMGYFN2iYz95zF-wrGS1sw%24

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-rpm-wg/attachments/20200813/6466c822/attachment.html>