RE: [gnso-sti] Updated Strawman Proposal for Trademark Clearinghouse

["Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>]

Margie,

With respect to the Clearinghouse document # 10, it states that there is
Consensus that "Costs should be completely borne by the parties
utilizing the services ( ie, brand holders, registries)".  The
Registries do not agree with that statement as you have defined it.  In
fact, the registries position is clearly documented in its statement
sent out last week
(http://forum.icann.org/lists/proposed-protection-mechanisms/msg00022.ht
ml).  

 

 

Who assumes the cost of the Clearinghouse? Should the Clearinghouse be
funded completely by the parties utilizing its services?

 

The RySG disagrees with the proposed staff implementation of the
Clearinghouse and asks that ICANN staff reconsider the comments made by
the IRT with respect to costs. The RySG does not understand why the
ICANN staff changed the IRT proposals as set forth below and reserves
the right to provide further comment once such explanations are made
known.

 

The IRT intends that each of the services described below shall be
provided by the IP Clearinghouse at no charge to the gTLD registries or
registrars that are required to interact with the IP Clearinghouse to
implement the recommended RPMs. If a new gTLD registry decides to
implement an RPM above and beyond those recommended herein, any
incremental services necessitated thereby shall be provided on no
greater than a cost plus basis to that new gTLD registry. (See
http://www.icann.org/en/topics/new-gtlds/irt-final-report-trademark-prot
ection-29may09-en.pdf, pg. 15).

 

The IP Clearinghouse operator must, upon request by new gTLD registry
operators, provide reasonable opportunity for those new gTLD registry
operators to consult with it at no charge as those registry operators
draft policies and create processes to implement RPMs. This is essential
to ensure that new registry operators can interact effectively with the
IP Clearinghouse. (See
http://www.icann.org/en/topics/new-gtlds/irt-final-report-trademark-prot
ection-29may09-en.pdf, pg. 16).

 

 

 

Jeffrey J. Neuman 
Neustar, Inc. / Vice President, Law & Policy



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From: owner-gnso-sti@xxxxxxxxx [mailto:owner-gnso-sti@xxxxxxxxx] On
Behalf Of Margie Milam
Sent: Wednesday, November 25, 2009 12:46 PM
To: GNSO STI
Subject: [gnso-sti] Updated Strawman Proposal for Trademark
Clearinghouse

 

Dear All,

 

Attached for your review is the updated Strawman Proposal for Trademark
Clearinghouse that takes into account our discussions on today's call.

 

Best Regards,

 

Margie

 

_____________

Margie Milam

Senior Policy Counselor

ICANN

____________