RE: [gnso-sti] Transfer of domain name to claimant after successful URS

["Mike Rodenbaugh" <icann@xxxxxxxxxxxxxx>]

Thanks Alan, this is essentially the proposal the BC brought forward in
Seoul, so we are still comfortable with it.  However it may be better to key
the time period off the appeal process that we are developing.  So transfer
would be allowed after the appeal process has run its course, then perhaps a
final notice can be sent to the registrant, and another 20 days before the
complainant can achieve a transfer?  This should absolve any concerns about
due process, yet also provide an effective remedy for URS complainants.

Mike Rodenbaugh
RODENBAUGH LAW
548 Market Street
San Francisco, CA  94104
(415) 738-8087
http://rodenbaugh.com



-----Original Message-----
From: owner-gnso-sti@xxxxxxxxx [mailto:owner-gnso-sti@xxxxxxxxx] On Behalf
Of Alan Greenberg
Sent: Wednesday, November 25, 2009 6:57 AM
To: GNSO STI
Subject: [gnso-sti] Transfer of domain name to claimant after successful URS


The following comments are my own and have not yet been discussed 
with Olivier or At-Large.

At the end of the call yesterday, it seemed that the issue is 
transfer of the domain name after a successful URS has become a 
critical go/no-go issue.

I was not a strong supporter of this to start, and in fact accepted 
the argument that just because one slime-ball misused a TM which also 
has alternate meanings, does not mean the next registrant will, and 
we should not take names out of the name pool forever due to one problem.

Based on what I have heard to date, I have changed my mind.

The argument that the next registrant may use the generic word or TM 
in a more benign way is true, but the chances are that eventually 
that name will go back into the pool again (via a delete or an 
auction) and the NEXT user may not be as conscientious.

I support the ability of a successful URS claimant to adopt the name 
(at their choice) but only after some reasonable amount of time has 
passed. Perhaps 90-180 days.

We have already generally acknowledged that there is a need for a 
claimant to be able to extend a registration if necessary so that it 
does not expire during the URS process (although it is not clear how 
easy this will be to implement).

I would suggest that a successful claimant can take over the name at 
the end of the registration period (it is locked until then), but in 
no case less than 90 days.

Since a locked-after-successful-URS domain will be explicitly flagged 
as such (since it will point to the URS provider's special alert 
page), it should be possible to implement this.

Alan