FW: Re: [TRYP] Fw: [council] Draft Statement of Work for Sunrise Working Group

[Gomes, Chuck]

Here is some additional input regarding the draft SoW for the sunrise
working group, forwarded with Jeff's permission.
 
Chuck Gomes


The whole tone of the paper is about "Sunrise" rather than "intellectual
property protection."  It presumes that the only mechanisms that have
been used are derivations of Sunrise.  It also presumed that IP Owners
should have first dibs at domain names in every TLD and the only thing
we are evaluating are processes to make sure that is always the case.
For example, .biz had an IP claims process.  It was not an alternative
to Sunrise in that it was not an alternative mechanism to give IP Owners
the names.  It was an alternative IP protection mechanism that gave
applicants notice of claims by IP Owners to the names.  It in no way
guaranteed that IP Owners would get the name, only that IP Owners would
have notice that if they got the name, they could be subject to
challenge. As an IP attorney, I believed then as I do now, that that was
the only system that acted in accordance with the intent and spirit of
the IP laws of most of the word.  

 

IP Laws do not give brand owners rights in gross to their trademarks in
every class of goods and services.  Those laws do not guarantee that
anyone else cannot use those marks.  All IP Laws do is put others on
notice that if someone third party has IP rights in a mark and your use
of the mark is confusingly similar, then you could be found to have
infringed the third party's marks.  It is up to the IP Owner then to
enforce its own IP rights.  As a registry, we should not be in a
position for a number of reasons to automatically give existing IP
owners domain names, especially when there can be other uses of that IP
for purposes which are not confusingly similar to the uses that the IP
owner makes of the names.  We, as registries, are not their enforcers of
IP rights.  That is and should always be the IP Owner's job and not
ours.

 

Again, I am an IP Owners, and one that has implemented other IP
Protection schemes other than Sunrise.  The fact that Sunrise has been
forced on .us, .eu and other domains, should not set the bad precedent
for other TLDs.

 

Sorry for the long note, but I believe this WG TOR sets the tone for an
assumption that the Sunrise must be implemented in all TLDs.  This is
not surprising given the source of the TOR.  That said, please see my
revisions:

 

 

 

Jeffrey J. Neuman, Esq. 
Sr. Director, Law, Advanced Services  & Business Development 

NeuStar, Inc.  

 

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