[council] RE: Regarding reconsideration request from the Non-Commercial Stakeholder group relating to decision on the Trademark Clearinghouse

Wed May 22 16:04:23 UTC 2013

Jeff, I agree 100% with your concerns. This ICANN unilateralism is 
worrying, to say the least, and much bigger than the issue of the 50+ 
records. This may be the end of the multi-stakeholder model.

Volker
> Thanks Alan...my paraphrasing was incorrect.
>
> I hope that doesn't take away from the real point of my message which is the wording of the recommendation by the BGC and the assumptions they have made.  I would ask that that be the focus of the discussion going forward.
>
> Let me restate that Neustar has no view one way or another on the substance of what is being implemented.
>
> -----Original Message-----
> From: Alan Greenberg [mailto:alan.greenberg at mcgill.ca]
> Sent: Wednesday, May 22, 2013 11:23 AM
> To: Neuman, Jeff; 'Bruce Tonkin'; 'council at gnso.icann.org'
> Subject: Re: [council] RE: Regarding reconsideration request from the Non-Commercial Stakeholder group relating to decision on the Trademark Clearinghouse
> Importance: High
>
> Jeff (and others),
>
> I believe that your (upper case) wording below is incorrect in a very substantive way. you say "50 VARIATIONS OF PREVIOUSLY ABUSED MARKS", The 20 March document
> (http://newgtlds.icann.org/en/about/trademark-clearinghouse/strawman-solution-memo-20mar13-en.pdf)
> specifies that a TM holder can add up to 50 strings PER TMCH RECORD.
> That implies that for a mark that is registered in multiple (perhaps
> 100+) jurisdictions, and is thus has a similar number of entries in
> the TMCH, the number of abused strings that could be entered into the TMCH for a single TM character string could be far larger than 50.
>
> Alan
>
> At 22/05/2013 10:42 AM, Neuman, Jeff wrote:
>
>> Bruce,
>>
>> Thanks for forwarding.  I think there are some points in here that need
>> to be discussed at the community level and some flaws (in my
>> view) in the logic of the assumptions behind the decision. I would like
>> to propose adding this as a topic for the next council meeting and
>> inviting one or more members of the BGC to our call.
>>
>> I will provide more of a background on my concerns with the decision in
>> a subsequent e-mail, but I would like to get this on the agenda and get
>> the invites out there to the BGC.  I would also request that the ICANN
>> Board to NOT adopt this recommendation until a full discussion can take
>> place.
>>
>> PLEASE NOTE:  I AM NOT PERSONALLY CONCERNED WITH THE RULE ALLOWING
>> 50 VARIATIONS OF PREVIOUSLY ABUSED MARKS.  AS A REGISTRY, WE ARE
>> BUILDING IN THE CAPABILITY AND WILL LEAVE THAT DEBATE TO
>> OTHERS.   BUT I AM DEEPLY CONCERNED WITH THE WORDING OF THIS
>> DECISION AND THE ASSUMPTIONS MADE ALONG WITH THE IMPACT ON THE
>> MULTI-STAKEHOLDER MODEL ESPECIALLY IF THIS DECISION IS EVER USED TO SET
>> PRECEDENT IN FUTURE ACTIONS AND DECISIONS.
>>
>> This decision was clearly written by legal counsel (and probably from
>> outside legal counsel).  It was written as a legal brief in litigation
>> would be written, and if upheld, can undermine the entire
>> bottom-up multi-stakeholder model.   If ICANN wanted to justify
>> their decision to protect their proclamation for the 50 variations,
>> they could have done it in a number of ways that would have been more
>> palatable. Instead, they used this Reconsideration Process as a way to
>> fundamentally alter the multi-stakeholder model.  It not only
>> demonstrates how meaningless the Reconsideration process is as an
>> accountability measure, but also sends a signal of things to come if we
>> do not step in.
>>
>> Jonathan - can we add this to the agenda and invite the BGC members to
>> the next Council meeting?
>>
>> Thanks.
>>
>>
>>
>>
>> -----Original Message-----
>> From: owner-council at gnso.icann.org
>> [mailto:owner-council at gnso.icann.org] On Behalf Of Bruce Tonkin
>> Sent: Tuesday, May 21, 2013 11:32 AM
>> To: council at gnso.icann.org
>> Subject: [council] Regarding reconsideration request from the
>> Non-Commercial Stakeholder group relating to decision on the Trademark
>> Clearinghouse
>>
>> Hello All,
>>
>> For information, I have attached details on reconsideration request
>> 13.3 from the Noncommercial Users Stakeholder Group (NCSG).
>>
>> These have been published at:
>>
>> http://www.icann.org/en/groups/board/governance/reconsideration
>>
>> The Board's Governance Committee considered the request at its meeting
>> in Amsterdam on 16 May 2013, and its recommendation is now posted.
>>
>> Regards,
>> Bruce Tonkin
>

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