RE: [bc-gnso] ALERTS from the Secretariat: TAS Interruption - Update (4 May 2012)

[Phil Corwin <psc@xxxxxxxxxxx>]

Anjali:

The TM Clearinghouse is tied to the warning service, which alerts registrants 
that their domain might be infringing and allows them to consider that, and the 
fact that they have been warned would almost certainly be a factor in any 
subsequent UDRP or URS action. However, as to your suggestion that "registrars 
will thereby put on notice not to sell those trademarks, or deviations thereof, 
to anyone except the actual trademark holders", that goes too far - there are 
many instances in which a registrant other than the trademark holder (e.g., an 
authorized reseller of a particular product or service) could register a domain 
incorporating a trademark without  infringement.

Best, Philip

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of 
Hansen, Anjali
Sent: Monday, May 07, 2012 8:15 AM
To: 'Benedetta Rossi'; bc - GNSO list
Subject: RE: [bc-gnso] ALERTS from the Secretariat: TAS Interruption - Update 
(4 May 2012)

Thanks Benedetta.

2091 new TLDs to be prepared for.  My major concerns about this are below:


1)      The first thing that I am up in arms about is that the ICM Registry 
responsible for the .xxx is also applying for .sex and .adult.  ICM will  allow 
all of those trademark owners who registered for domains in .xxx to now do the 
same in .sex and .adult.  As you recall, ICM made many millions off of anyone 
who didn't want to be associated with its .xxx and now they will be allowed to 
make millions more.

It seems as if the brilliant business model in domaining is to apply for a 
registry everyone is afraid of being associated with and then take their money 
.  I am hoping this committee might want to insist that ICANN put an end to 
such trademark blackmail.  I'd like to get my money back for the trademarks 
I've had to block in .xxx.  Not to mention that ICM has reserved BBB.xxx for 
their own use despite not holding the trademark thereto.  Thus, we couldn't 
block our most famous trademark from .xxx.


2)      I believe the legal and fair approach is to have everyone file their 
trademarks in a central Trademark Clearinghouse and the registries and 
registrars will thereby put on notice not to sell those trademarks, or 
deviations thereof, to anyone except the actual trademark holders.



Otherwise, we might have to defensively register or block in hundreds or even a 
thousand new TLDs.



I'd appreciate it if this committee would take on this issue of defensive 
registrations again at the appropriate time.  I appreciate all that you have 
done thus far, but ICANN hasn't taken the appropriate measures to date.



Thanks everyone.

Anjali

Anjali Karina Hansen | Associate General Counsel

Tel: 703-247-9340
Fax: 703-276-0634
Email: ahansen@xxxxxxxxxxxxxxx<mailto:ahansen@xxxxxxxxxxxxxxx>
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From: owner-bc-gnso@xxxxxxxxx<mailto:owner-bc-gnso@xxxxxxxxx> 
[mailto:owner-bc-gnso@xxxxxxxxx]<mailto:[mailto:owner-bc-gnso@xxxxxxxxx]> On 
Behalf Of Benedetta Rossi
Sent: Sunday, May 06, 2012 4:29 PM
To: bc - GNSO list
Subject: [bc-gnso] ALERTS from the Secretariat: TAS Interruption - Update (4 
May 2012)

Dear BC Members,

Please find below an ICANN announcement.

Kind Regards,



Benedetta Rossi

BC Secretariat

https://community.icann.org/display/gnsobc/Home

www.bizconst.org<http://www.bizconst.org>



TAS Interruption - Update (4 May 2012)
http://www.icann.org/en/news/announcements/announcement-04may12-en.htm

Statement by Akram Atallah, COO
4 May 2012

The TLD Application System, or TAS, held 2091 applications - either submitted 
or in progress - when it was taken offline on 12 April 2012.

In addition, there are 214 potential applications that were registered prior to 
the 29 March cut-off date, but whose payments have not yet been received or 
reconciled.

ICANN has received approximately USD $350 million in fees for applications for 
new gTLDs.

As we have reported, we are in the process of notifying applicants whether they 
were affected by the software glitch, and plan to complete this process on or 
before Tuesday, 8 May. Shortly after that process is complete, we will announce 
the schedule for reopening TAS and completing the application period. Once the 
system is reopened, we will keep it open for at least five business days.

We appreciate your understanding as we work to bring the TLD application system 
back online.

Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx<mailto:gnso.secretariat@xxxxxxxxxxxxxx>
http://gnso.icann.org


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