RE: [gnso-sti] Draft STI Report

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

Some other comments.  Thanks again Margie!

Section 3.2:  I believe "equal access requirements for all persons and
entities required to access the TC" should be added as another element
of the Agreement between ICANN and the TC.

Section 4.1 I would like a statement included (even if a Minority
Statement from the Registries) that says: "Inclusion of a trademark in
the Trademark Clearinghouse from a country where there is not
substantive review, does not necessarily mean that a new gTLD Registry
must include those trademarks in a Sunrise or IP Claims Process."

Section 4.2 - I am not sure this is worded the way we discussed.  I
would change from this: No common law rights should be included in the
TC Database, except for court validated common law marks.   The TC
Service Provider could charge higher fees to reflect the additional
costs associated with verifying these common law rights" to "The TC
Database shall not be required to include common law rights, except for
court validated common law marks; provided that a new gTLD Registry may
elect to have the TC Service Provider collect and verify common law
right provided that it conforms to Recommendation 2.3.  The TC Service
Provider could charge higher fees to reflect the additional costs
associated with verifying these common law rights."

Section 5.2 - See last e-mail from Alan (which I agreed with his
comments).

Section 10.1 - IN the minority view, I would change: "RySG Minority
Position that Registries should not bear any of the costs of the TC" to
"RySG Minority Position that Registries should not bear any of the costs
of the TC and that if Registries are required to provide funding for the
TC, nothing shall prohibit Registries from passing those costs through
to participants of RPMs".

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: Friday, December 04, 2009 9:46 PM
To: 'GNSO STI'
Subject: [gnso-sti] Draft STI Report
Importance: High

 

Dear All,

 

Attached for your review is the first draft of the STI Report, that
includes only the Trademark Clearinghouse recommendations.   I will send
the remainder of the document with the URS descriptions this weekend.

 

Best Regards,

 

Margie

 

_____________

 

Margie Milam

Senior Policy Counselor

ICANN

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