[Tmch-iag] FW: Adobe Connect - Chat Transcript from Trademark Clearinghouse

[Margie Milam]

Dear All,

Please find below the chat transcript from today's IAG call.   

Best regards,

Margie

-----Original Message-----
From: margie.milam at icann.org [mailto:margie.milam at icann.org] 
Sent: Tuesday, November 15, 2011 3:05 PM
To: Margie Milam
Subject: Adobe Connect - Chat Transcript from Trademark Clearinghouse

  Margie Milam:Welcome to the IAG Kickoff Meeting 15 Nov
  richard tindal:good to be here
  Shirazi 2:Hello Everyone.. Am I supposed to be hearing anything at this moment? 
  William Yang:All audio is via teleconference call.
  William Yang:It is not being broadcast via AdobeConnect.
  Shirazi 2:Thanks 
  Britt Anderson:Can we get the URL for the Dakar information or refer me to the slides if in there.
  Margie Milam:The slides are set so you can scroll yourself
  Britt Anderson:Got the URL, thanks, Margie.
  William Yang:Dakar session site:  http://dakar42.icann.org/node/26961
  Jeff Neuman:Thanks.  Can we make sure the materials are sent out several days before a call to allow adequate review.  
  Karen Lentz 2:yes - that is accounted for in the schedule to be discussed
  Jeff Neuman:where is the list of times and dates?
  Karen Lentz 2:The times are not on the slide - we will be circulating the calendar for all calls separately
  richard tindal:little hard to hear Karen
  Karen Lentz 2:is that better richard
  richard tindal:yes
  Jeff Neuman:Lots of static on the call with Karen fading in and out again
  Jeff Neuman:Karen - Can you review what you al mean by "Authorization" means in the context of p1.  Are talking about authorization or validation?
  Tom Barrett:authorization is what they call verification during sunrise
  Francisco Arias:For those that are not talking, please mute your phones.
  richard tindal:I agree with Jeff.  Even if it wasnt a contractual requirement I think most registries will want to have control over the process
  jim von Raffenburg:Regarding tLD sunrise periods, is the current thought to protect TM rights from being registered by  others or is the intent to require TM holders register their marks in said new tLD?
  Margie Milam:Jeff-  is that something that the TC could predetermine with the registry before sunrise is open
  Will Shorter:authcode has a specific meaning in domain name terms, not sure if we should use it in these terms unless they are the same
  Susan Prosser:I agree with Will.  Use of term will confuse community.
  Philip Corwin:So does that mean that each registry will determine how the TMCH will be used for its sunrise process, rather than having a uniform process across all new gTLDs?
  richard tindal:Jim - Its an opportunity for TM holders, at their election,  to register before names are available to the general public
  Jeff Neuman:I dont understand Will
  Jeff Neuman:Will - Whatdo you believe the "code" tells you
  Kurt Pritz:This question about the value add of the registry seems to be a recommendation that the registry role should be different than what is in this scheme - is that so? If it is, what is it?
  Jeff Neuman:Is there an operator that can clear out the line that has static
  Tom Barrett:static is gone
  James Mitchell:The term "pre-validation result code" (pvrc) is used in a draft extension to EPP to support the launch phases of a registry, including sunrise etc as an "authcode"
  Tom Barrett:the registry also has the ability to have a sort of "reserved names list" that would contain strings exempt from sunrise
  richard tindal:Chris --  what you say makes sense but couldnt the same goal be achieved by the registry confirming that the SLD 'registrant' details are the same as the TM 'registrant' details in the TMCH?
  Chris Wright:they could, but that is inherently more complicated
  Chris Wright:as that relies on the registrant entering the details in both exactly the same (if the processs is to be automated)
  James Mitchell:for what definition of "the same"?
  Chris Wright:otherwise registres need to do it manually
  Tom Barrett:with vertical integration, we should minimize the work required by registrars. since we dont know the form they will take in future gtdls
  Tom Barrett:back to the special "code".  what does it represent?
  Chris Wright:it doesnt matter what it actually is
  Tom Barrett:is it enough that it simply identify the trademark owner?  so the code and domain name string is sufficient for the TMCH to determine eligibility
  Chris Wright:but it is meant to represent the registration in the clearing house
  Tom Barrett:it could just represent the tm owner, not every tm tattached to the tm owner
  Chris Wright:yep that is also possible
  Chris Wright:then the registry could get a list of all trademarks registered to that owner
  Chris Wright:im not sure what value that brings though
  Chris Wright:it makes the job harder for registries.. 
  Tom Barrett:or they query the tmch to see if the tm owner is eligible for the domain name
  Chris Wright:just to be clear
  Chris Wright:the TMCH does not sepcify if a person is eligble for a domain
  Chris Wright:that is up to the registries registration policy
  Will Shorter:"authcode" has a specific meaning in terms of creating new domains and transferring domains, should we mix this in with the "Trade Mark Clearing House Authorization Code"?
  Will Shorter:this may have been the design
  Chris Wright:the TMCH just asserts that trademark X is owned by person Y and that trademakr X meets a certain set of criteria
  Tom Barrett:no
  Tom Barrett:the tmch will determine if a domain name string is protected by a tm in the clearinghouse
  Chris Wright:no domain name is 'protected' by the clearing house
  Tom Barrett:not true.  read the spec for tm claims
  Chris Wright:you can still go ahead and register a name even if it is not in the clearin ghouse... 
  Chris Wright:the only exception is during sunrise where being listed in the TMCH gives you first preference to the name
  Tom Barrett:protected is not the same as blocked or reserved
  Tom Barrett:are you saying that sunrise registrations can occur for trademarks not in the clearinghouse?
  Chris Wright:that is an open question ... 
  Chris Wright:for example
  Chris Wright:I know of a government that is giving permission to have their capital city registered as a TLD
  Chris Wright:but
  Chris Wright:they (the government) want first righ tto what ever names they want
  Chris Wright:which would imply that the goverment would trump trademarks in the tmch... 
  Chris Wright:and  I dont know if you would win arguing with a federal government on that
  Tom Barrett:defintely an open question
  Tom Barrett:i dont think the tld gets delegated unless they agree to icann policies
  Philip Corwin 2:When does a domain registration "collide with a mark in the TMCH"? Exact matches only? Or, if it includes incorportation in a longer string,  or typographical variations, what are the limits? 
  Hong Xue:a TLD registry can implement its own restrictive policy, say excluding TM name from registrations. then they don't have TM issues.
  richard tindal:I agree with Jeff's comments  and from our pov state that we strongly prefer the Claims service to be real-time
  Chris Wright:I think the GAC would have something to say about that
  Tom Barrett:phil:  tghe collision is for exacts only with substitutions for special characters
  Chris Wright:all in all Im not really fussed, just need a ruling from ICANN
  Chris Wright:on the exact match there are more 'technical' issues to worry about
  Philip Corwin 2:@Tom - thanks!
  Chris Wright:trademarks probably shouldl be in unicode NFC or something similar
  Chris Wright:and the variant policies of IDN TLDs need to be consider
  Tom Barrett:@chris..addressed in N5.
  Tom Barrett:I agree this issue is HUGE
  Tom Barrett:the shcedule shows 7 days...more like 7 months
  Hong Xue:ICANN variant policy needs to be looked up as well.
  jim von Raffenburg:Maybe I'm missing something, but from what I reading and hearing, the current expectaion is that even though a TM holder has registered their TM's with the Clearinghouse, a non-right holder could still proceed to register a domain? How does that protect TM holder rights?
  Tom Barrett:@jim, are referring to sunrise or post-sunrise?
  Hong Xue:while through DRP later.
  Jeff Neuman:Jim - yes. but that issue was resolved long ago and was the subject of debate for years
  jim von Raffenburg:Tom: Either one.
  Tom Barrett:@jim.  the tm owner gets first shot during sunrise.  but tm claims handles it 
  Tom Barrett:thanks Karen
  James Mitchell:thanks
  Karen Lentz 2:Thank you everyone
  richard tindal:Jim  -during Sunrise the non-rights holder doesnt have access,  after Sunrise the non-trademark holder can register the name (if it wasnt registered by the TM holder during Sunrise) but for 60 days the non-trademark holder would have to read and acknoledge a Claims notice