Re: [bc-gnso] FW: STI-DT -- BC preliminary position statements

[Steve DelBianco <sdelbianco@xxxxxxxxxxxxx>]

I assume Michael Palage is referring to our recommendations regarding use of
TM Clearinghouse post-sunrise, and the disposition of names that are
suspended as result of a URS proceeding.

In our BC meeting yesterday, I asked the whether these 2 recommendations
were in the IRT final report.  I learned that the IRT report was silent on
post-sunrise TM checking and post-URS disposition of infringing names. Not
sure why they were omitted, but strikes me those are important gaps in the
IRT plan.

I think our recommendations will stimulate discussion in areas that will,
sooner or later, have to be debated.   While we could wait until DAGv4 comes
out, I think we should get these items into the mix now, as a response to
the Board/CEO letter.

-- 
Steve DelBianco
Executive Director
NetChoice
http://www.NetChoice.org and http://blog.netchoice.org
+1.202.420.7482 



On 10/28/09 11:21 AM, "Michael Palage" <Michael@xxxxxxxxxx> wrote:

> Zahid,
>  
> Is it really constructive to advocate positions that go above and beyond the
> initial recommendations contained in the IRT?
>  
> Best regards,
>  
> Michael
>  
> 
> From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of
> Zahid Jamil
> Sent: Tuesday, October 27, 2009 10:13 PM
> To: 'BC gnso'
> Subject: [bc-gnso] FW: STI-DT -- BC preliminary position statements
>  
> Dear All,
>  
> Will be sending out a draft of our position on the STI.  Here¹s something
> helpful Mike R put together.
>  
>  
> 
>  
> Sincerely,
>  
> Zahid Jamil
> Barrister-at-law
> Jamil & Jamil
> Barristers-at-law
> 219-221 Central Hotel Annexe
> Merewether Road, Karachi. Pakistan
> Cell: +923008238230
> Tel: +92 21 5680760 / 5685276 / 5655025
> Fax: +92 21 5655026
> www.jamilandjamil.com <http://www.jamilandjamil.com/>
>  
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> 
> From: Mike Rodenbaugh [mailto:mike@xxxxxxxxxxxxxx]
> Sent: Wednesday, October 28, 2009 11:08 AM
> To: 'Zahid Jamil'
> Cc: 'Philip Sheppard'
> Subject: RE: STI-DT -- BC preliminary position statements
>  
> TM Clearinghouse:
>  
> 1.      Sunrise processes must be standardized and mandatory.
> 
> 2.      TM notices (misnamed ³IP claims²) must be mandatory:
> 
> a.       All applications for newTLD domain registrations will be checked
> against the TMC, regardless whether application is during sunrise period or
> thereafter
> 
> b.      If applied-for domain string anywhere contains text of trademark
> listed in TMC, then TM notice given to applicant per proposal listed in Staff
> recommendation, if domain is registered then TM owner is notified
> 
> c.       TM owners will have option also to trigger notices in the event that
> applied-for domain string includes the trademark string altered by
> typographical errors, as determined by an algorithmic tool.  For example,
> yaho0.new would trigger a notice if Yahoo! elected to exercise this option.
> 
> d.      Domain applicant must affirmatively respond to the TM notice, either
> on screen or email, and registrar must maintain written records of such
> responses for every domain name.  TM owner must get notice of every
> registration that occurs.
> 
>  
> URS:
> 1.       Process as detailed by Staff must be mandatory in all newTLD
> registries
> 
> a.      Substantive standard of UDRP must be exactly replicated in URS
> 
> 2.       Successful complainant must have option to transfer the name or
> cancel, if no appeal filed within 90 days from date of URS decision.
> 
> a.      Successful complainant must also have option to have domain suspended
> until end of its current registration term, and then indefinitely flagged
> 
> b.     Flag shall be recorded in clearinghouse so that if anyone seeks to
> register such name(s) again, they would get a notice.
> 
> 3.       Complainant abuse shall be defined same as Reverse Domain Name
> Hijacking under UDRP.
> 
> 4.       Meaningful appeal process required, Staff hasn¹t made any proposal on
> that yet, so we cannot comment.
> 
>  
> 
> Mike Rodenbaugh
> RODENBAUGH LAW
> 548 Market Street
> San Francisco, CA  94104
> (415) 738-8087 
> <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer=h
> ttp://rodenbaugh.com/contact>
> http://rodenbaugh.com <http://rodenbaugh.com/>
>  
>  
> 
> From: Mike Rodenbaugh [mailto:mike@xxxxxxxxxxxxxx]
> Sent: Monday, October 26, 2009 11:56 PM
> To: 'Zahid Jamil'
> Cc: 'Philip Sheppard'
> Subject: STI-DT -- BC preliminary position statements
>  
> BC position on TM Clearinghouse and URS, notes for preliminary statement:
>  
> Note the attendance at the meeting (Philip has it).
>  
> TMC --  sunrise processes must be standard AND mandatory IP claims,
> POST-launch ­ unanimous except Palage --  scope of what triggers a hit,
> proposal is vague as to ?yahoo¹, or ?yahoomail¹ or ?yaho0¹ or ?yahhoo¹??  We
> require notice if TM string is replicated anywhere in the domain name that is
> applied for (except Palage).  TM owners can elect how widely the notices would
> be sent, either to exact matches anywhere in the name, or also algorithmic
> typos.  Domain applicant MUST affirmatively respond to the notice, either on
> screen or email.  TM owner must get notice of every registration that occurs.
>  
> 
> URS ­ mandatory in all newTLD registries (unanimous except for ICA, who thinks
> in effect it will be adopted by everyone anyway); substantive standard of UDRP
> must be exactly replicated in URS; procedural elements and evidentiary
> threshold of Staff proposal; sanctions for complainant abuse (abuse defined
> same as Reverse Domain Name Hijacking under UDRP); meaningful appeal process
> required, Staff hasn¹t made any proposal on that yet, so we cannot comment.
> Successful complainant must have option to transfer the name or cancel, if no
> appeal filed within 90 days from date of URS decision.  Some members also
> would support an indefinite suspension, recorded in clearinghouse so that if
> anyone seeks to register again, they would get a notice.
>  
> GPML ­ VRZN, Nokia, NetChoice & Marilyn think it should still be on the table,
> but not a deal-breaker, nobody else supports leaving it on the table.
>  
> PDDM
>  
>  
> Mike Rodenbaugh
> RODENBAUGH LAW
> 548 Market Street
> San Francisco, CA  94104
> (415) 738-8087 
> <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer=h
> ttp://rodenbaugh.com/contact>
> http://rodenbaugh.com <http://rodenbaugh.com/>
>  
>  
>