ICANN ICANN Email List Archives

[gnso-sti]


<<< Chronological Index >>>    <<< Thread Index >>>

RE: [gnso-sti] Draft STI Report

  • To: <Margie.Milam@xxxxxxxxx>, <gnso-sti@xxxxxxxxx>
  • Subject: RE: [gnso-sti] Draft STI Report
  • From: <McGradyP@xxxxxxxxx>
  • Date: Mon, 7 Dec 2009 07:39:44 -0600

Margie,
 
Attached is a comparison version showing the IPC's comments to the draft
report.  We believe these comments are clarifying in nature and do not
expect that they would be controversial.  I will be in transit most of
today, so if you have any specific questions, please reach out to Mark.
Thanks!  
 

Regards,

Paul

Paul D. McGrady, Jr. 
Greenberg Traurig, LLP 
77 West Wacker Drive, Suite 2500 
Chicago, IL 60601 
312 456 8426 tel 
312 899 0407 fax 
mcgradyp@xxxxxxxxx <mailto:mcgradyp@xxxxxxxxx>  
Assistant:  Loyanna Grierson (312) 236-4952 Direct Dial (312) 456-8435
Facsimile griersonl@xxxxxxxxx <mailto:griersonl@xxxxxxxxx>  

Links: www.paulmcgrady.com <http://www.paulmcgrady.com/>  and 
www.mcgradyondomainnames.com <http://www.mcgradyondomainnames.com/> 

 

 


 

________________________________

From: owner-gnso-sti@xxxxxxxxx [mailto:owner-gnso-sti@xxxxxxxxx] On
Behalf Of Neuman, Jeff
Sent: Saturday, December 05, 2009 10:33 PM
To: Margie Milam; GNSO STI
Subject: RE: [gnso-sti] Draft STI Report



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



________________________________

The information contained in this e-mail message is intended only for
the use of the recipient(s) named above and may contain confidential
and/or privileged information. If you are not the intended recipient you
have received this e-mail message in error and any review,
dissemination, distribution, or copying of this message is strictly
prohibited. If you have received this communication in error, please
notify us immediately and delete the original message.

 

 

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

_____________

 


--------------------------------------------------------------------------
    Tax Advice Disclosure: To ensure compliance with requirements imposed by 
the IRS under Circular 230, we inform you that any U.S. federal tax advice 
contained in this communication (including any attachments), unless otherwise 
specifically stated, was not intended or written to be used, and cannot be 
used, for the purpose of (1) avoiding penalties under the Internal Revenue Code 
or (2) promoting, marketing or recommending to another party any matters 
addressed herein.
 
    The information contained in this transmission may contain privileged and 
confidential information. It is intended only for the use of the person(s) 
named above. If you are not the intended recipient, you are hereby notified 
that any review, dissemination, distribution or duplication of this 
communication is strictly prohibited. If you are not the intended recipient, 
please contact the sender by reply email and destroy all copies of the original 
message. To reply to our email administrator directly, please send an email to 
mailto:postmaster@xxxxxxxxx.
 
--------------------------------------------------------------------------
 

Attachment: DVComparison_#58934673v1_CHI_ - STI-WT - Draft Recommendations - v-2 (2).doc-#58934673v3_CHI_ - STI-WT - Draft Recommendations - v-2 (2).doc.pdf
Description: Adobe PDF Document



<<< Chronological Index >>>    <<< Thread Index >>>

Privacy Policy | Terms of Service | Cookies Policy