[gnso-sti] Questions raised on Clearinghouse Strawman; consensus?

[Kathy Kleiman <Kathy@xxxxxxxxxxxxxxxx>]

Many things passed quickly during the last Clearinghouse discussion, 
including many new ideas,
presented by one person, disagreed by another, and then written up, we 
found, as consensus.
So let's go back to a few issues we do not think have been decided, and 
may block the process,
which, has come so far.

A. Marks need to come from jurisdictions a substantive evaluation and 
verification. (That was an IRT idea.)
B. Response to #2 and #6:
We/ NCSG does not support any specific requirement or language for 
ancillary services.  **Content of the Clearinghouse
is a policy issue, not an implementation detail.** We support ICANN 
contracting for a separate and independent Trademark Clearinghouse 
database,
along the lines we discussed; all other databases and ancillary services 
are a market detail.
C. Response to #7:
We don't recall discussing pre-registration for URS, and certainly not 
to any level close to consensus. Detail sought.
Kathy
----------------------------------------------------

Great concern about the use of "consensus" here:

#6 Voluntary Pre-Launch Use of the Trademark Clearinghouse
Mandatory use to support pre-launch of a registry for either a sunrise 
process or a IP Claims Service (no requirement that a registry use 
both);  Sunrise registrations should allow for specialized gTLDs to 
restrict eligibility for sunrise registrations to fit the purpose of the 
registry (example, .shoe could restrict sunrise to only trademark 
registrations in class of goods and services related to shoes).  No 
requirement of use by existing registries since the mandatory use is 
only for pre-launch activities.
#7 Voluntary Use of the Trademark Clearinghouse Post-Launch
Voluntary use as a pre-registration process for URS;  no requirement 
that the TC be used to support post-launch IP Claims; 
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.