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

[Marilyn Cade <marilynscade@xxxxxxxxxxx>]

Zahid, just one clarification. Otherwise fully agree.
We agreed, i think, that the members that we  had to reach an agreement within 
the members who were in the room, and based on the emails that were being 
posted to the list. 
That's the going in position, right? We all realize that we are relying upon 
the earlier BC positions, but modified by the evolving situation, right? and 
realizing that we had to try to reach a 'rough' consensus within the meeting. 




From: zahid@xxxxxxxxx
To: michael@xxxxxxxxxx; bc-gnso@xxxxxxxxx
Subject: RE: [bc-gnso] FW: STI-DT -- BC preliminary position statements
Date: Wed, 28 Oct 2009 11:35:13 +0900




















Thanks for the query Michael, 


 

The BC meeting yesterday led to member’s developing a position.  I would 
suggest that it is up to our membership
which (minus one member) agreed to proposals that were discussed in the 
constructive
session moderated by Mike R.

 



 

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

 

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Jamil is prohibited.



 





From: Michael D. Palage [mailto:michael@xxxxxxxxxx] 

Sent: Wednesday, October 28, 2009 11:21 AM

To: 'Zahid Jamil'; 'BC gnso'

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





 

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. 
Here’s 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

 

Notice / Disclaimer

This message contains confidential
information and its contents are being communicated only for the intended
recipients . If you are not the intended recipient you should not disseminate,
distribute or copy this e-mail.  Please notify the sender immediately by
e-mail if you have received this message by mistake and delete it from your
system. The contents above may contain/are the intellectual property of Jamil
& Jamil, Barristers-at-Law, and constitute privileged information protected
by attorney client privilege. The reproduction, publication, use, amendment,
modification of any kind whatsoever of any part or parts (including
photocopying or storing it in any medium by electronic means whether or not
transiently or incidentally or some other use of this communication) without 
prior
written permission and consent of Jamil & Jamil is prohibited.



 





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 “IP claims”)
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 hasn’t 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://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 ‘yahoo’, or ‘yahoomail’ or ‘yaho0’ or ‘yahhoo’?? 
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 hasn’t 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://rodenbaugh.com