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Re: [gnso-sti] RE: Draft STI Report- Part II

  • To: <McGradyP@xxxxxxxxx>
  • Subject: Re: [gnso-sti] RE: Draft STI Report- Part II
  • From: Robin Gross <robin@xxxxxxxxxxxxx>
  • Date: Mon, 7 Dec 2009 14:39:30 -0800

Dear Paul,

I apologize if I came across as back-peddling, which we are not. We do agree with the consensus on most of these points, we just think the wording in the draft to describe the support for the URS is too strong of an endorsement for the need for the URS in the first place. Yes, we are agreeing to go along with it because we want to see new gtlds introduced, and given the alternatives, we think it is the best compromise that could be reached. So I don't mean to imply to we do not support the consensus, we just don't want the board to get a report that says all the GNSO is unanimous that a URS must be created before new gtlds can be introduced as the current wording seems to imply. I hope that clears up my intention with the suggested edits.

Thanks,
Robin


On Dec 7, 2009, at 1:54 PM, <McGradyP@xxxxxxxxx> wrote:

This is unexpected and disappointing. We spent many hours on calls with members of the NCSG working constructively through its concerns related to the URS all so that we could reach full consensus on the URS, which consensus Kathy provided - with some much appreciated dramatic affect - on our final call. To have NCSG attempt to back pedal like this at this late hour is truly troubling.

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
Assistant: Loyanna Grierson (312) 236-4952 Direct Dial (312) 456-8435 Facsimile griersonl@xxxxxxxxx


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From: owner-gnso-sti@xxxxxxxxx <owner-gnso-sti@xxxxxxxxx>
To: GNSO STI <gnso-sti@xxxxxxxxx>
Sent: Mon Dec 07 15:42:40 2009
Subject: Re: [gnso-sti] RE: Draft STI Report- Part II

NCSG will be sending its detailed comments on this draft to this list shortly from Kathy.

I wanted to make a general comment in the meantime about the use "unanimous consensus" to describe support the URS and "rough consensus" to describe support for the Trademark Clearinghouse in the Report. From NCSG's perspective, the URS should be more accurately characterized as "rough consensus" since NCSG's first preference was not to create one at all, but we agreed to this as a compromise to induce the roll-out of new gtlds. Our support for the URS is contingent upon that understanding, so I'd suggest re- wording the first paragraph of the URS section as follows (changes in blue):

There is a rough consensus among the members of STI that creation of a Uniform Rapid Suspension (URS) procedure would be a beneficial rights protection mechanism for inclusion in the New GTLD program. The STI recognizes that the URS could provide trademark holders with a cost effective, expedited process in instances of clear cut instances of trademark abuse, provided that the procedure includes appropriate safeguards to protect registrants who may engage in legitimate uses of domain names. Despite the expedited nature of the URS, staff shall recommend a uniform procedure for and URS Service providers shall provide procedures consistent with fair notice, justice, and due process.

Thanks,
Robin


On Dec 5, 2009, at 9:57 PM, Margie Milam wrote:

Dear All,

Attached for your review is the second draft of the STI Report, that includes the Trademark Clearinghouse and URS recommendations.

Although I have received a number of comments already to the first draft, this version does not address any of them except to change the references of “broad consensus” to “rough consensus.” I thought it would be more appropriate to wait for additional comments before circulating the next draft.


Best Regards,

Margie

_____________

Margie Milam
Senior Policy Counselor
ICANN
_____________

<STI-WT - Draft Recommendations - v-2.doc>




IP JUSTICE
Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA  94117  USA
p: +1-415-553-6261    f: +1-415-462-6451
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IP JUSTICE
Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA  94117  USA
p: +1-415-553-6261    f: +1-415-462-6451
w: http://www.ipjustice.org     e: robin@xxxxxxxxxxxxx





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