[gnso-rpm-wg] TMCH data on abandonment

Fri Jun 9 14:23:43 UTC 2017

That assumes facts not in evidence--that all attempts to register
something like hotel.xyz or cloud.xyz were infringing, to take two of
the top string that were queried.  Which is really the point--and
which is why we see people arguing simultaneously that (1) abandonment
is good and (2) we don't know if notices trigger additional
abandonment.
Rebecca Tushnet
Georgetown Law
703 593 6759

On Fri, Jun 9, 2017 at 10:18 AM, J. Scott Evans <jsevans at adobe.com> wrote:
> I will remind the group that Abandonment is the point. The TM Claims notice is designed to inform would-be innocent infringers that there is an issue. A high abandonment rate show that the system is working. I realize those hostile to the TM Claims feel that a high abandonment rate is proof that the Claims notice is overreaching. Not so.
>
> J. Scott
>
>
> J. Scott Evans
> 408.536.5336 (tel)
> 345 Park Avenue, Mail Stop W11-544
> Director, Trademarks
> 408.709.6162 (cell)
> San Jose, CA, 95110, USA
> Adobe. Make It an Experience.
> jsevans at adobe.com
> www.adobe.com
>
>
>
>
> On 6/9/17, 7:16 AM, "gnso-rpm-wg-bounces at icann.org on behalf of Rebecca Tushnet" <gnso-rpm-wg-bounces at icann.org on behalf of Rebecca.Tushnet at law.georgetown.edu> wrote:
>
>     I agree with Paul K.  Unfortunately, we need better information than
>     that--we need to know about, of attempts that reached the stage at
>     which a notice would be provided, how many were abandoned.  It's my
>     understanding--though I'd be happy to learn more--that the notice
>     wouldn't come when the shopping cart was filled but at checkout.
>
>     If we just don't have the data, then it may be that our only
>     recommendation must be to get the data.
>     Rebecca Tushnet
>     Georgetown Law
>     703 593 6759
>
>
>     On Fri, Jun 9, 2017 at 4:56 AM, Beckham, Brian <brian.beckham at wipo.int> wrote:
>     > Dear all,
>     >
>     >
>     >
>     > I’m not sure what is the right venue (i.e., in the sub-group, of which I am
>     > not a member, or to the full WG) to offer this, and it is offered merely to
>     > help fill out some of the questions/discussion around seeking various
>     > TMCH/Claims-related data.
>     >
>     >
>     >
>     > In the transcript for the Sub Team for Trademark Claims call on Friday, 02
>     > June 2017 at 16:00 UTC, there was some discussion on abandonment rates.  In
>     > summary:  Rebeca Tushnet suggested it would be helpful to compare
>     > non-TMCH-related abandonment vs “regular” abandonment.  Jeff Neuman recalled
>     > that during the BIZ launch there was a high abandonment.  Phil Corwin
>     > suggested that if the non-TMCH-related abandonment rate was 80% then it may
>     > be reasonable to conclude that there’s not a material difference between
>     > those subject to claims notices.
>     >
>     >
>     >
>     > Mindful that it may be difficult or even impossible to obtain the desired
>     > data (a number of reasons, including competitive (dis-)advantages, were
>     > raised on the call), a recent GoDaddy post informs us that “An average
>     > website loses 69 percent of sales to abandoned carts.”   A second GoDaddy
>     > article suggests it is 67%.
>     >
>     >
>     >
>     > See
>     > https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.godaddy.com%2Fgarage%2Fsmallbusiness%2Fmarket%2Feffective-strategies-to-boost-abandoned-cart-email-conversion-rates%2F&data=02%7C01%7C%7C5323a61f9cb343c0017d08d4af42231a%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636326145971754867&sdata=PtxSnnbDMNsumNMyaHdzoZZY0jowSqg1LeeFXqplKq4%3D&reserved=0
>     > and
>     >
>     > https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.godaddy.com%2Fgarage%2Findustry%2Fretail%2Fecommerce%2Fwant-to-to-increase-sales-reduce-shopping-cart-abandonment%2F&data=02%7C01%7C%7C5323a61f9cb343c0017d08d4af42231a%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636326145971754867&sdata=aOJ1E7T6ITmYfP4bMNsvQ7dJAj3QrswMl4YK42BQp6c%3D&reserved=0.
>     >
>     >
>     >
>     > There are many articles on this topic with varying figures, but they tended
>     > to generally note abandonment rates upwards of 60%.
>     >
>     >
>     >
>     > The takeaway is that the TMCH-Claims rates observed here in the WG, while
>     > different/higher, are arguably not materially different than e-commerce
>     > statistics generally (certainly not the 20% noted by Phil Corwin as
>     > signaling “a significant difference in the completion of registration.”).
>     >
>     >
>     >
>     > It is important here to recall too that many members of the WG have noted
>     > that (for a number of reasons) registries, registrars, and registrants may
>     > have been sending queries in large numbers, thus skewing the data upwards.
>     >
>     >
>     >
>     > Best regards,
>     >
>     >
>     >
>     > Brian
>     >
>     >
>     >
>     > Brian Beckham | Head, Internet Dispute Resolution Section | WIPO Arbitration
>     > and Mediation Center
>     > 34 chemin des Colombettes, 1211 Geneva 20, Switzerland | T +4122 338 8247 |
>     > E brian.beckham at wipo.int | https://na01.safelinks.protection.outlook.com/?url=www.wipo.int&data=02%7C01%7C%7C5323a61f9cb343c0017d08d4af42231a%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636326145971754867&sdata=lenvIEKAPus7F2zCjYUJaxaYKhFe8%2B8rBpfZriFt75Y%3D&reserved=0
>     >
>     >
>     >
>     >
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