Re: [gnso-sti] Sunrise Clearinghouse?
Perhaps, as Zahid suggests, the Clearinghouse is dead. But on the assumption that just perhaps it is not, I would like those on the IRT to explain how they envisioned the Clearinghouse's business model. As I understand it, a TM holder would pay some amount to be included in the Clearinghouse, and some perhaps different amount annually (or biannually or whatever). At no cost to the registry (and presumably no explicit charge to the TM holder), TM rights "can be pushed to new gTLD registry operators or pulled by them to support pre-launch RPMs such as Sunrise schemes;" We don't know whether there will be 10 launches per year, or 100 or 1000. Yet for the set fee paid by the TM holder, the Clearinghouse must service these 10 or 100 or 1000 launches. This just does not seem viable without some additional revenue per launch (either paid by the registries or the TM holders who participate in any given launch). If the latter, it could come directly from the TM holder, or via the registry as an intermediary (probably easier to administer, but that is not our problem here). Is my logic faulty, and if so how? Alan At 03/12/2009 11:11 PM, Zahid Jamil wrote: Eulogy to the Sunrise Clearinghouse?This Clearinghouse was supposed to be FOR the Brand holders but the BC members don?t want it in this watered down fashion. So for whom is this Clearinghouse?The Registries don?t want to pay for it and the Brand holders don?t see any benefit in it. No demand. No supply? Is this White Elephant even feasible as an operation or anything anyone wants?My understanding from some offline discussions is that Registries would more likely opt for a Sunrise and not an IP Claims Service anyway. It seems thus, more of a Sunrise Clearinghouse ? with lesser protection than that of Dot Asia. It seems less of an IP or Trademark Clearinghouse being aimed at an already OLD solution in an attempt to address the NEW problems to be faced by TM Holders in connection with the launch of NEW gTLDs and more of an elaborate functionality outsourcing by Registries to which they can plug in for free, financed WHOLLY by Brand holders who see little (sunrise) or no benefit of the solution in the new gTLD context. By offering a revved up Sunrise (already existing solution) which only extends to exact identical match (narrower than even Dot Asia), nothing seems to have been put forward to address the pre-launch concerns of the Brand holders.By no means should this Sunrise Clearinghouse be seen as a Rights Protection Mechanism for New gTLDs.?The Clearinghouse is Dead, Long Live the URS!? Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 <http://www.jamilandjamil.com/>www.jamilandjamil.com Notice / DisclaimerThis message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited.
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