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

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

Sorry for the fragmented e-mail, but I do not understand this statement:

 

TC may provide post launch IP Claims Service as a separate nonexclusive
service, with implementation details left to Staff to address possible
monopoly and competition concerns (such as making information available
to competitors);  Report to indicate that registries should consider
providing post launch IP Claims protection for common law rights if it
fits the registry's purpose.  

 

First question is how can the clearinghouse offer an IP Claims service
unless the registry also offers it?  Without the registry offering it,
it is just a watch service that lets the TM owner know that a domain
name matching the trademark has been registered.

 

Second question is on the last sentence about report to indicate that
registries should consider providing post launch IP claims protection
for common law rights if it first the registry's purpose.  I am not sure
I understand what that means.  Which report ?  What does it mean "if it
fits the registry's purpose"?  I do not want to see any report from us
state that we believe registries should consider anything about a
post-launch IP Claims service absent a feasibility study.  I do not
believe it is feasible for any real time registry.  Using words like
"should consider", "best practice" or "recommended practice" are loaded
terms that imply that a registry who does none of them is not a top tier
registry and that must be avoided.  

 

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

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