[gnso-igo-ingo] RE: Exception Process for Registration of Protected Identifiers

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

Thanks Jim.  Please see my comments/questions below.

Chuck

From: owner-gnso-igo-ingo@xxxxxxxxx [mailto:owner-gnso-igo-ingo@xxxxxxxxx] On 
Behalf Of Jim Bikoff
Sent: Tuesday, March 05, 2013 4:11 PM
To: gnso-igo-ingo@xxxxxxxxx
Cc: rickert@xxxxxxxxxxx; mail@xxxxxxxxxxxxx; brian.peck@xxxxxxxxx
Subject: [gnso-igo-ingo] FW: Exception Process for Registration of Protected 
Identifiers

Dear All,

As requested, here are some initial thoughts on the exception process:


Goal



Where an applicant claims a legitimate interest in a second-level domain name 
that is protected as a reserved name, our goal is to provide a dispute 
resolution procedure for determining whether the application should proceed to 
registration.



            General Principles



The dispute resolution procedure must:



§  Provide immediate notification to the applicant and the organization when an 
application is refused registration because it is reserved.

[Gomes, Chuck] Sounds good.



§  Provide a channel of communication between the applicant and the 
organization;

[Gomes, Chuck] What organization?  ICANN? The protected organization?  I would 
personally prefer a procedure that didn't require communication between the 
applicant and whatever organization you mean (e.g., TMCH).



§  Provide an impartial, expeditious, and inexpensive process for determining 
if the applicant has a legitimate interest such that its application should 
proceed to registration despite its similarity to a protected string.

[Gomes, Chuck] How do we measure legitimate interest?



§  Use existing procedures wherever possible.

[Gomes, Chuck] Agree.





Once these principles are accepted, we can flesh out additional details on all 
of these points.



Best regards,



Jim


James L. Bikoff
Silverberg, Goldman & Bikoff, LLP
1101 30th Street, NW
Suite 120
Washington, DC 20007
Tel: 202-944-3303
Fax: 202-944-3306
jbikoff@xxxxxxxxx<mailto:jbikoff@xxxxxxxxx>







________________________________
From: Berry Cobb <mail@xxxxxxxxxxxxx<mailto:mail@xxxxxxxxxxxxx>>
Date: Thu, 28 Feb 2013 21:49:25 -0700
To: Jim Bikoff<jbikoff@xxxxxxxxx<mailto:jbikoff@xxxxxxxxx>>
Cc: Thomas Rickert<rickert@xxxxxxxxxxx<mailto:rickert@xxxxxxxxxxx>>; Brian 
Peck<brian.peck@xxxxxxxxx<mailto:brian.peck@xxxxxxxxx>>
Subject: Exception Process for Registration of Protected Identifiers

Hi Jim,

We appreciate you coming forward to begin to document a possible exception 
process for the registration of second level domains in the context of a claims 
service via a clearing house database.  A process of this sort can become quite 
complicated, and we wanted you to know that you are not on the hook for 
designing it end to end.  To some degree, this is a new proposal because the 
TMCH and processes do not include such a component in curative protections.  
The domain is registered after notification and the UDRP and URS tools are the 
available option.  Of course a further dynamic is that there will be 
differences in who is registering the domain; the organization whose marks are 
listed in the dB; versus some other registrant (legitimate or not).

If possible for our next meeting, can you maybe just document general 
principles and objectives of what an exception process may include.  This will 
act as a good starting draft for our initial report.

Thomas or Brian, do you have anything to add?

Thank you.  B

Berry Cobb
Internet Corporation for Assigned Names & Numbers (ICANN)
720.839.5735
mail@xxxxxxxxxxxxx<mailto:mail@xxxxxxxxxxxxx>
@berrycobb