[Tmch-iag] [Tmch -iag] IAG P1 and P2 Issues - Daretia Austin comments

Tue Nov 22 17:28:44 UTC 2011

Dear Fellow IAG Members,

Below are my comments with regard to the P1 and P2 Issues as requested in Karen Lentz's email of November 17, 2011.

1.       P1 - Sunrise Domain Registration Authorization

 *   it is unclear whether the intention is to have a separate authorization code per company or per trademark.  If the latter, keeping track of numerous authorization codes would be rather cumbersome for many trademark holders.  I would also be concerned about the misappropriation/forgery aspect.
 *   I agree with Keith Barritt's comments regarding the need for the use of clear, consistent terminology with regard to registration and verification terms.
 *   The definition of "agent' is unclear, in the case of a proxy service it would be preferable to have both agent contact and owner information available in the record.
 *   It seems that the Registry would be best placed to verify whether a domain name applicant owns a corresponding trademark in the TMC.
2.       P2 - Responsibility for Registrant Claims Notice

 *   The statement in the claims notice that reads as follows is not clear "You may or may not be entitled to register the domain name depending on your intended use and whether it is the same or significantly overlaps with the trademarks listed below. Your rights to register this domain name may or may not be protected as noncommercial use or "fair use" by the laws of your country. [in bold italics or all caps - ] . Is it possible that if a trademark holder owns multiple registrations in various jurisdictions for a given mark but does not record them all with the TCH that a new domain applicant can apply in a different jurisdiction for the same mark?
 *   It seems that the Registry is best positioned to send the Claims notice.

Daretia Austin
Director - Trademarks
Time Warner Inc.
One Time Warner Center
Office 14-257
New York, NY 10019
Tel: (212) 484-7832
Fax: (212) 937-4621
Email: daretia.austin at timewarner.com<mailto:daretia.austin at timewarner.com>

[cid:583471817 at 22112011-1930]

________________________________
From: tmch-iag-bounces at icann.org [mailto:tmch-iag-bounces at icann.org] On Behalf Of Karen Lentz
Sent: Thursday, November 17, 2011 2:00 PM
To: tmch-iag at icann.org
Subject: [Tmch-iag] Follow-up from 15 Nov 11 teleconference

All,

I want to thank all of the attendees for participating in our IAG Kickoff Call.  Approximately 37 people attended from around the world and offered insightful comments in the initial discussion.
For those who were not able to attend, materials from the call are posted at https://community.icann.org/display/cctrdmrkclrnghsiag/Home, including slides, documents, chat transcript and audio recording.

Attached is a document describing Issue# P1 (Sunrise Domain Registration Authorization) and Issue# P2 ( Responsibility for Registrant Claims Notice) which we discussed on the call.  Please submit your written comments to these issues by 00:01 UTC 23 Nov 2011 to the mailing list.

As discussed on the call, we are ultimately seeking your recommendations for either (1) one of the proposed options in the document or (2) your suggestions for alternatives that you believe to be more attractive and that should be considered.  Note that the description of P2 has been slightly edited since the document was originally published for the Dakar meeting.

In your written comments, please make sure to indicate:  (a) the issue number (P1 or P2), (b) the recommended option or alternative for the issue, (c) rationale (consideration of advantages and how any disadvantages could be minimized) and (d) any other comments.
On the second call, on 30 November, we will brief you on written comments that we received by the deadline, continuing our discussion from 15 November.  As mentioned, we will be rotating the call times in fairness to the different regions - the next call will take place on 30 Nov 11 at 05:00 UTC.  I will be sending out separately a listing of all call dates/times through March.

We look forward to hearing from you.

Karen Lentz
ICANN

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