[Tmch-iag] FW: Adobe Connect - Chat Transcript from Trademark Clearinghouse
Margie Milam
Margie.Milam at icann.org
Tue Nov 15 22:09:12 UTC 2011
Dear All,
Please find below the chat transcript from today's IAG call.
Best regards,
Margie
-----Original Message-----
From: margie.milam at icann.org [mailto:margie.milam at icann.org]
Sent: Tuesday, November 15, 2011 3:05 PM
To: Margie Milam
Subject: Adobe Connect - Chat Transcript from Trademark Clearinghouse
Margie Milam:Welcome to the IAG Kickoff Meeting 15 Nov
richard tindal:good to be here
Shirazi 2:Hello Everyone.. Am I supposed to be hearing anything at this moment?
William Yang:All audio is via teleconference call.
William Yang:It is not being broadcast via AdobeConnect.
Shirazi 2:Thanks
Britt Anderson:Can we get the URL for the Dakar information or refer me to the slides if in there.
Margie Milam:The slides are set so you can scroll yourself
Britt Anderson:Got the URL, thanks, Margie.
William Yang:Dakar session site: http://dakar42.icann.org/node/26961
Jeff Neuman:Thanks. Can we make sure the materials are sent out several days before a call to allow adequate review.
Karen Lentz 2:yes - that is accounted for in the schedule to be discussed
Jeff Neuman:where is the list of times and dates?
Karen Lentz 2:The times are not on the slide - we will be circulating the calendar for all calls separately
richard tindal:little hard to hear Karen
Karen Lentz 2:is that better richard
richard tindal:yes
Jeff Neuman:Lots of static on the call with Karen fading in and out again
Jeff Neuman:Karen - Can you review what you al mean by "Authorization" means in the context of p1. Are talking about authorization or validation?
Tom Barrett:authorization is what they call verification during sunrise
Francisco Arias:For those that are not talking, please mute your phones.
richard tindal:I agree with Jeff. Even if it wasnt a contractual requirement I think most registries will want to have control over the process
jim von Raffenburg:Regarding tLD sunrise periods, is the current thought to protect TM rights from being registered by others or is the intent to require TM holders register their marks in said new tLD?
Margie Milam:Jeff- is that something that the TC could predetermine with the registry before sunrise is open
Will Shorter:authcode has a specific meaning in domain name terms, not sure if we should use it in these terms unless they are the same
Susan Prosser:I agree with Will. Use of term will confuse community.
Philip Corwin:So does that mean that each registry will determine how the TMCH will be used for its sunrise process, rather than having a uniform process across all new gTLDs?
richard tindal:Jim - Its an opportunity for TM holders, at their election, to register before names are available to the general public
Jeff Neuman:I dont understand Will
Jeff Neuman:Will - Whatdo you believe the "code" tells you
Kurt Pritz:This question about the value add of the registry seems to be a recommendation that the registry role should be different than what is in this scheme - is that so? If it is, what is it?
Jeff Neuman:Is there an operator that can clear out the line that has static
Tom Barrett:static is gone
James Mitchell:The term "pre-validation result code" (pvrc) is used in a draft extension to EPP to support the launch phases of a registry, including sunrise etc as an "authcode"
Tom Barrett:the registry also has the ability to have a sort of "reserved names list" that would contain strings exempt from sunrise
richard tindal:Chris -- what you say makes sense but couldnt the same goal be achieved by the registry confirming that the SLD 'registrant' details are the same as the TM 'registrant' details in the TMCH?
Chris Wright:they could, but that is inherently more complicated
Chris Wright:as that relies on the registrant entering the details in both exactly the same (if the processs is to be automated)
James Mitchell:for what definition of "the same"?
Chris Wright:otherwise registres need to do it manually
Tom Barrett:with vertical integration, we should minimize the work required by registrars. since we dont know the form they will take in future gtdls
Tom Barrett:back to the special "code". what does it represent?
Chris Wright:it doesnt matter what it actually is
Tom Barrett:is it enough that it simply identify the trademark owner? so the code and domain name string is sufficient for the TMCH to determine eligibility
Chris Wright:but it is meant to represent the registration in the clearing house
Tom Barrett:it could just represent the tm owner, not every tm tattached to the tm owner
Chris Wright:yep that is also possible
Chris Wright:then the registry could get a list of all trademarks registered to that owner
Chris Wright:im not sure what value that brings though
Chris Wright:it makes the job harder for registries..
Tom Barrett:or they query the tmch to see if the tm owner is eligible for the domain name
Chris Wright:just to be clear
Chris Wright:the TMCH does not sepcify if a person is eligble for a domain
Chris Wright:that is up to the registries registration policy
Will Shorter:"authcode" has a specific meaning in terms of creating new domains and transferring domains, should we mix this in with the "Trade Mark Clearing House Authorization Code"?
Will Shorter:this may have been the design
Chris Wright:the TMCH just asserts that trademark X is owned by person Y and that trademakr X meets a certain set of criteria
Tom Barrett:no
Tom Barrett:the tmch will determine if a domain name string is protected by a tm in the clearinghouse
Chris Wright:no domain name is 'protected' by the clearing house
Tom Barrett:not true. read the spec for tm claims
Chris Wright:you can still go ahead and register a name even if it is not in the clearin ghouse...
Chris Wright:the only exception is during sunrise where being listed in the TMCH gives you first preference to the name
Tom Barrett:protected is not the same as blocked or reserved
Tom Barrett:are you saying that sunrise registrations can occur for trademarks not in the clearinghouse?
Chris Wright:that is an open question ...
Chris Wright:for example
Chris Wright:I know of a government that is giving permission to have their capital city registered as a TLD
Chris Wright:but
Chris Wright:they (the government) want first righ tto what ever names they want
Chris Wright:which would imply that the goverment would trump trademarks in the tmch...
Chris Wright:and I dont know if you would win arguing with a federal government on that
Tom Barrett:defintely an open question
Tom Barrett:i dont think the tld gets delegated unless they agree to icann policies
Philip Corwin 2:When does a domain registration "collide with a mark in the TMCH"? Exact matches only? Or, if it includes incorportation in a longer string, or typographical variations, what are the limits?
Hong Xue:a TLD registry can implement its own restrictive policy, say excluding TM name from registrations. then they don't have TM issues.
richard tindal:I agree with Jeff's comments and from our pov state that we strongly prefer the Claims service to be real-time
Chris Wright:I think the GAC would have something to say about that
Tom Barrett:phil: tghe collision is for exacts only with substitutions for special characters
Chris Wright:all in all Im not really fussed, just need a ruling from ICANN
Chris Wright:on the exact match there are more 'technical' issues to worry about
Philip Corwin 2:@Tom - thanks!
Chris Wright:trademarks probably shouldl be in unicode NFC or something similar
Chris Wright:and the variant policies of IDN TLDs need to be consider
Tom Barrett:@chris..addressed in N5.
Tom Barrett:I agree this issue is HUGE
Tom Barrett:the shcedule shows 7 days...more like 7 months
Hong Xue:ICANN variant policy needs to be looked up as well.
jim von Raffenburg:Maybe I'm missing something, but from what I reading and hearing, the current expectaion is that even though a TM holder has registered their TM's with the Clearinghouse, a non-right holder could still proceed to register a domain? How does that protect TM holder rights?
Tom Barrett:@jim, are referring to sunrise or post-sunrise?
Hong Xue:while through DRP later.
Jeff Neuman:Jim - yes. but that issue was resolved long ago and was the subject of debate for years
jim von Raffenburg:Tom: Either one.
Tom Barrett:@jim. the tm owner gets first shot during sunrise. but tm claims handles it
Tom Barrett:thanks Karen
James Mitchell:thanks
Karen Lentz 2:Thank you everyone
richard tindal:Jim -during Sunrise the non-rights holder doesnt have access, after Sunrise the non-trademark holder can register the name (if it wasnt registered by the TM holder during Sunrise) but for 60 days the non-trademark holder would have to read and acknoledge a Claims notice
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