RE: [gnso-pro-wg] Draft report

["Mike Rodenbaugh" <mxr@xxxxxxxxxxxxx>]

i like this, nice work.  would add another question "Should there be
improved, post-registration mechanisms to protect rights?"
 
Mike Rodenbaugh

Sr. Legal Director

Yahoo! Inc.

 

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From: owner-gnso-pro-wg@xxxxxxxxx [mailto:owner-gnso-pro-wg@xxxxxxxxx]
On Behalf Of Smith, Kelly W
Sent: Thursday, May 17, 2007 11:06 AM
To: Rosette, Kristina; gnso-pro-wg@xxxxxxxxx
Subject: RE: [gnso-pro-wg] Draft report


All,
 
I have pasted below the section I drafted for the Introduction section.
I apologize for not sending it earlier.  If you have any comments on or
revisions to this section, please post to the list.
 
Thanks
 
Kelly
 
Issues presented:  The introduction of new top-level domains (TLDs) in
2000 (.aero, .biz, .coop, .museum, .name and .pro) included the
introduction of several Rights Protection Mechanisms, various methods
that aimed to protect trademark and other rights from third party domain
name registrations that violated those rights.  These methods varied, as
did their complexity and ultimate success.[1] <outbind://66/#_ftn1>   

 

In 2007, as ICANN considers the introduction of additional TLDs, the
Rights Protection Mechanisms used in the past are instructive, and raise
questions concerning, the necessity and adequacy of such mechanisms.
Are Rights Protection Mechanisms necessary across all new TLDs?  Where
such a mechanism is warranted, what rights should be protected?  Need
the registry validate all claimed rights up front, or only in the case
of later challenge?  What should the process be in case of competing
applications by bona fide rights holders?  Who should decide whether and
to what extent to use Rights Protection Mechanisms in the introduction
of a new TLD - the applicant registry?  ICANN?  Who should bear the cost
of such mechanisms - are they a cost of doing business that the registry
should pass on to all registrants?  Should rights owners pay a premium
to utilize such mechanisms?  Not surprisingly, different constituencies
have very different views on these issues.


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[1] <outbind://66/#_ftnref1>   See Evaluation of the New gTLDs:  Policy
and Legal Issues, by Summit Strategies International,
http://www.icann.org/tlds/new-gtld-eval-31aug04.pdf.; Registry Proof of
Concept Reports, http://www.icann.org/registries/poc/.


  _____  

From: owner-gnso-pro-wg@xxxxxxxxx [mailto:owner-gnso-pro-wg@xxxxxxxxx]
On Behalf Of Rosette, Kristina
Sent: May 16, 2007 6:35 PM
To: gnso-pro-wg@xxxxxxxxx
Subject: [gnso-pro-wg] Draft report



All, 

Attached is the current draft of the report.  If you have revisions,
please either (a) make them directly in the document in redline form or
(b) post them to the list.  Kelly, if you would insert your section
where you see fit, that would be great.  

Kristina 

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