[GNSO-RPM-WG] [Ext] RE: Update: Sunrise Rec 2 - Input by Thursday 8 Oct 16:00 UTC

Kathy Kleiman kathy at kathykleiman.com
Thu Oct 8 20:13:24 UTC 2020

Hi Ariel and All,I think it would be fair to give the full WG time to
review these edits. There has been an awful lot of emails crossing in
our WG, in preparation for ICANN69, and frankly in our day jobs.  
Further these edits seem fairly extensive...on a well-discussed and
debated recommendation. 
I would urge everyone to review.Best, Kathy 

----- Original Message -----
From: "Ariel Liang" 
To:"Griffin Barnett" , "gnso-rpm-wg at icann.org" 
Sent:Thu, 8 Oct 2020 18:50:07 +0000
Subject:Re: [GNSO-RPM-WG] [Ext] RE: Update: Sunrise Rec 2 - Input by
Thursday 8 Oct 16:00 UTC

	Dear WG members, 


	Thanks very much, Griffin, for the suggested clarifying edits to the
contextual language of this Sunrise recommendation. 


	Since no additional input were received by today’s deadline at
16:00 UTC and no objection noted by any other WG member to Griffin’s
suggested edits, staff will adopt them in the contextual language of
this recommendation. 


	Best Regards,

	Mary, Julie, Ariel



	FROM: Griffin Barnett 
DATE: Tuesday, October 6, 2020 at 3:02 PM
TO: Ariel Liang , "gnso-rpm-wg at icann.org" 
SUBJECT: [Ext] RE: [GNSO-RPM-WG] Update: Sunrise Rec 2 - Input by
Thursday 8 Oct 16:00 UTC


	Hi all,


	Staff - thanks for this updated text.  I would suggest the following
further revisions to the second proposed context paragraph, which I
intend as clarifying edits rather than to materially alter the


	To assist the IRT which that will be formed to implement
recommendations adopted by the Board from this PDP, the Working Group
tried to reach agreement over on some possible types of specific
Registry conduct that could have the effect of intentionally
circumventing trademark owners’ use of the Sunrise Period within the
meaning of the Registry Agreement provision envisioned in this
Recommendation, so as to trigger enforcement action by the contractual
compliance department of ICANN org should the Registry Agreement
contain a prohibition on such conduct.  As part of its discussion,
the Working Group noted that several public comments to the Initial
Report had raised the following examples as non-exhaustive
illustrations of such conduct (some of which had also been raised by
Working Group members):

	* Withholding or self-allocating domains names that correspond to
trademarks recorded in the TMCH with the intent of circumventing the
use of the Sunrise Period by trademark owners;

	* Discriminatory pricing practices clearly designed to leverage
effectively prevent the need for reasonable ability of trademark
owners to obtain defensive Sunrise registrations by trademark owners
for their marks recorded in the TMCH. In this context,
“discriminatory pricing practices” could include extremely high
pricing during the Sunrise Period of the domains names that correspond
to trademarks recorded in the TMCH followed by significantly lower
prices for the same domain names during Landrush or General
Availability, such as to evidence an intent to targeting trademark
owners either specifically, or as a general class of registrants, for
the purpose of inhibiting access to Sunrise registrations.


	The other edits in the Context section read well to me.


	Ultimately, I would have preferred that the above text be included as
Implementation Guidance to the Recommendation itself rather as mere
context, but in the spirit of compromise and noting the concerns
others have raised on this matter, can accept its relocation to


	Hope the suggested revisions are nonetheless helpful.


	Best regards,




	 [1] [2][winterfeldt.law] [3]



	Winterfeldt IP Group

	1601 K Street NW, Ste 1050

	Washington, DC  20006

	griffin at winterfeldt.law [4]

	+1 202 759 5836






	FROM: GNSO-RPM-WG [mailto:gnso-rpm-wg-bounces at icann.org] ON BEHALF OF
Ariel Liang
SENT: Tuesday, October 6, 2020 1:27 PM
TO: gnso-rpm-wg at icann.org
SUBJECT: [GNSO-RPM-WG] Update: Sunrise Rec 2 - Input by Thursday 8 Oct
16:00 UTC


	Dear WG members, 


	 Please find the updated version of Sunrise Recommendation #2 in this
google doc
here: https://docs.google.com/document/d/1SmXWvS9M4TAtQ3gC3o4j9-jHaw3uIlWR_2D3lV2vvTU/edit?usp=sharing
[docs.google.com] [5]. This update seeks to incorporate the input
provided by WG members on the mailing list and during today’s


	 Please note that amendments already agreed by the WG today have been
accepted. The current redline edits specifically reflect the

	* Move the great majority of the Implementation Guidance text into
the “context” section (shown in redline). 

	* Universal change to replace the term “trademark-corresponding
domains” with “domains that correspond to trademarks recorded in
the TMCH”. 

	* Clarification of the WG discussion about the question regarding
whether any *ADDITIONAL* enforcement mechanism to supplement
enforcement actions taken by ICANN Compliance (see redline edits in
the final paragraph under “Context”). 

	* Other editorial changes suggested by David McAuley on list last


	 Please provide your input/suggestion on the mailing list by 16:00
UTC ON THURSDAY, 8 OCTOBER. The updated language, incorporating any
further input from the WG, is expected to be finalized on the coming


	 Thank you,

	 Mary, Julie, Ariel



[4] mailto:griffin at winterfeldt.law

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