[bc-gnso] ALERTS from the Secretariat: TAS Interruption - Update (4 May 2012)

Mon May 7 16:36:42 UTC 2012

We will add this specific topic to the BC call Friday as a question: how do we/BC affect defensive registrations_what is status of our proposals and how to advance them?
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-----Original Message-----
From: Hansen  Anjali <AHansen at council.bbb.org>
Date: Mon, 7 May 2012 15:08:35 
To: <psc at vlaw-dc.com>; <bc-secretariat at icann.org>; <bc-gnso at icann.org>
Subject: RE: [bc-gnso] ALERTS from the Secretariat: TAS Interruption -
 Update (4 May 2012)

I am at the INTA conference now and one of the speakers just put up the costs to block and register 5 trademarks - the cost was over $137,000 based on her model of enforcing across X number of new gTLDS.  Why do brandholders have to pay these costs?  I don't know the ideal process for reining in defensive registrations, but I'm on this committee and not on others.  So I am raising it here. 

Anjali Karina Hansen | Associate General Counsel 

Tel: 703-247-9340 
Fax: 703-276-0634 
Email: ahansen at council.bbb.org <mailto:ahansen at council.bbb.org> 
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From: Phil Corwin [mailto:psc at vlaw-dc.com] 
 Sent: Monday, May 07, 2012 10:59 AM
 To: Hansen, Anjali; 'Benedetta Rossi'; bc - GNSO list
 Subject: RE: [bc-gnso] ALERTS from the Secretariat: TAS Interruption - Update (4 May 2012) 

Well, what you are saying implies reopening policy issues not just for the URS but for the function of the warning service tied to the TMC. If policy is to be reconsidered then why is that the exclusive province of this "committee', "summit", or whatever this newly made up process is when ICANN supposedly has a multi-stakeholder, bottom-up process for developing policy? Who is on this "committee', and from what does it derive its authority? 

I understand the concerns of TM holders completely in this new gTLD context, although I'm not in agreement that the multiple new rights protections for new gTLDs are insufficient, or that a judgment can be made without seeing them in operation. But if policy matters are to be reopened there should be an explanation of why that is happening beyond the fact that an unrealistic price target for an adjudicative process can't be met, and they should be reconsidered in regular order through standard ICANN process and not something made up on the fly. 

Philip S. Corwin, Founding Principal 
Virtualaw LLC 
1155 F Street, NW 
Suite 1050 
Washington, DC 20004 
202-559-8597/Direct 
202-559-8750/Fax 
202-255-6172/cell 

Twitter: @VlawDC 

"Luck is the residue of design" -- Branch Rickey 

From: Hansen, Anjali [mailto:AHansen at council.bbb.org] <mailto:[mailto:AHansen at council.bbb.org]> 
 Sent: Monday, May 07, 2012 10:43 AM
 To: Phil Corwin; 'Benedetta Rossi'; bc - GNSO list
 Subject: RE: [bc-gnso] ALERTS from the Secretariat: TAS Interruption - Update (4 May 2012) 

That may be so, but I do not believe it is okay to make trademark holders defensively register in all of these new TLDS, so a compromise should be put forward by this committee.  One that takes into account there may be authorized license holders, etc.  

Anjali Karina Hansen | Associate General Counsel 

Tel: 703-247-9340 
Fax: 703-276-0634 
Email: ahansen at council.bbb.org <mailto:ahansen at council.bbb.org> 
www.bbb.org <http://www.bbb.org/> | Start With Trust 

Council of Better Business Bureaus, Inc. 
3033 Wilson Boulevard, Suite 600 
Arlington, VA  22201 

For consumer tips, scams and alerts: Read our blog
 <http://www.bbb.org/blog/> Find us on: Twitter <http://www.twitter.com/bbb_us>  | Facebook <http://www.facebook.com/pages/Better-Business-Bureau-US/25368131403> | 
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 <http://www.bbb.org/100-year> 

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From: Phil Corwin [mailto:psc at vlaw-dc.com] <mailto:[mailto:psc at vlaw-dc.com]>  
 Sent: Monday, May 07, 2012 9:13 AM
 To: Hansen, Anjali; 'Benedetta Rossi'; bc - GNSO list
 Subject: RE: [bc-gnso] ALERTS from the Secretariat: TAS Interruption - Update (4 May 2012) 

Anjali: 

The TM Clearinghouse is tied to the warning service, which alerts registrants that their domain might be infringing and allows them to consider that, and the fact that they have been warned would almost certainly be a factor in any subsequent UDRP or URS action. However, as to your suggestion that "registrars will thereby put on notice not to sell those trademarks, or deviations thereof, to anyone except the actual trademark holders", that goes too far - there are many instances in which a registrant other than the trademark holder (e.g., an authorized reseller of a particular product or service) could register a domain incorporating a trademark without  infringement. 

Best, Philip 

Philip S. Corwin, Founding Principal 
Virtualaw LLC 
1155 F Street, NW 
Suite 1050 
Washington, DC 20004 
202-559-8597/Direct 
202-559-8750/Fax 
202-255-6172/cell 

Twitter: @VlawDC 

"Luck is the residue of design" -- Branch Rickey 

From: owner-bc-gnso at icann.org <mailto:owner-bc-gnso at icann.org>  
[mailto:owner-bc-gnso at icann.org] <mailto:[mailto:owner-bc-gnso at icann.org]>  On Behalf Of Hansen, Anjali
 Sent: Monday, May 07, 2012 8:15 AM
 To: 'Benedetta Rossi'; bc - GNSO list
 Subject: RE: [bc-gnso] ALERTS from the Secretariat: TAS Interruption - Update (4 May 2012) 

Thanks Benedetta. 

2091 new TLDs to be prepared for.  My major concerns about this are below: 

1)      The first thing that I am up in arms about is that the ICM Registry responsible for the .xxx is also applying for .sex and .adult.  ICM will  allow all of those trademark owners who registered for domains in .xxx to now do the same in .sex and .adult.  As you recall, ICM made many millions off of anyone who didn't want to be associated with its .xxx and now they will be allowed to make millions more. 

It seems as if the brilliant business model in domaining is to apply for a registry everyone is afraid of being associated with and then take their money .  I am hoping this committee might want to insist that ICANN put an end to such trademark blackmail.  I'd like to get my money back for the trademarks I've had to block in .xxx.  Not to mention that ICM has reserved BBB.xxx for their own use despite not holding the trademark thereto.  Thus, we couldn't block our most famous trademark from .xxx. 

2)      I believe the legal and fair approach is to have everyone file their trademarks in a central Trademark Clearinghouse and the registries and registrars will thereby put on notice not to sell those trademarks, or deviations thereof, to anyone except the actual trademark holders. 

Otherwise, we might have to defensively register or block in hundreds or even a thousand new TLDs. 

I'd appreciate it if this committee would take on this issue of defensive registrations again at the appropriate time.  I appreciate all that you have done thus far, but ICANN hasn't taken the appropriate measures to date. 

Thanks everyone. 

Anjali 

Anjali Karina Hansen | Associate General Counsel 

Tel: 703-247-9340 
Fax: 703-276-0634 
Email: ahansen at council.bbb.org <mailto:ahansen at council.bbb.org> 
www.bbb.org <http://www.bbb.org/> | Start With Trust 

Council of Better Business Bureaus, Inc. 
3033 Wilson Boulevard, Suite 600 
Arlington, VA  22201 

For consumer tips, scams and alerts: Read our blog
 <http://www.bbb.org/blog/> Find us on: Twitter <http://www.twitter.com/bbb_us>  | Facebook <http://www.facebook.com/pages/Better-Business-Bureau-US/25368131403> | 
LinkedIn <http://www.linkedin.com/groups?about=&amp;gid=1917928&amp;trk=anet_ug_grppro>  | 
YouTube <http://www.youtube.com/user/BBBconsumerTips>  | 
Flickr <http://www.flickr.com/photos/bbb_us> 

 <http://www.bbb.org/100-year> 

This message is a private communication, and may contain confidential and/or privileged information. If you have received this message by mistake, please notify the sender by reply email and then delete the message from your system without printing, copying or forwarding it. Thank you. 

From: owner-bc-gnso at icann.org <mailto:owner-bc-gnso at icann.org>  
[mailto:owner-bc-gnso at icann.org] <mailto:[mailto:owner-bc-gnso at icann.org]>  On Behalf Of Benedetta Rossi
 Sent: Sunday, May 06, 2012 4:29 PM
 To: bc - GNSO list
 Subject: [bc-gnso] ALERTS from the Secretariat: TAS Interruption - Update (4 May 2012) 

Dear BC Members,

 Please find below an ICANN announcement. Kind Regards,   Benedetta Rossi BC Secretariat https://community.icann.org/display/gnsobc/Home www.bizconst.org <http://www.bizconst.org>   

TAS Interruption - Update (4 May 2012)

http://www.icann.org/en/news/announcements/announcement-04may12-en.htm 

Statement by Akram Atallah, COO 

4 May 2012 

The TLD Application System, or TAS, held 2091 applications - either submitted or in progress - when it was taken offline on 12 April 2012. 
In addition, there are 214 potential applications that were registered prior to the 29 March cut-off date, but whose payments have not yet been received or reconciled. 
ICANN has received approximately USD $350 million in fees for applications for new gTLDs. 
As we have reported, we are in the process of notifying applicants whether they were affected by the software glitch, and plan to complete this process on or before Tuesday, 8 May. Shortly after that process is complete, we will announce the schedule for reopening TAS and completing the application period. Once the system is reopened, we will keep it open for at least five business days. 
We appreciate your understanding as we work to bring the TLD application system back online. 

Glen de Saint Géry 
GNSO Secretariat 
gnso.secretariat at gnso.icann.org <mailto:gnso.secretariat at gnso.icann.org> 
http://gnso.icann.org 

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