Dear All,

Had been holding out for comments or approvals to be received from many who wished time to add their support or comments. Here is the final draft. Please let me know if I have left out any important inclusion that may have reached consensus. I plan to post this by midday EST.

Here are a few highlights of the Special Trademark Issues working group set up by the GNSO to respond to the Board’s letter:

Registrar and Registry are vehemently against:

Post Launch IP Claims:

(Registrar and Registry are vehemently against, IPC probably don’t want to rock the boat with Ry/Rr, NCSG want to ensure that doesn’t lead to ‘chilling effect’ for individual registrants) – looking tough!

Domain Name Transfer in case of successful URS by complainant:

Ry/Rr dislike Domain Name Suspension/Block especially without fee in case of a successful URS complaint. They would rather just agree to a simple transfer since it doesn’t ‘mess’ with their protocols.

NCSG against Transfer – they want a mechanism where even though a name is subject to a URS, a registrant who can demonstrate legitimate interest should be able to get that domain name.

IPC agree to transfer but willing to agree to suspension subject to fee based renewal by Complainant (TM holder)

URS-Mandatory?:

NCSG the only ones against making it mandatory but seem to be open to it if the URS process incorporates more due process protections.

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

www.jamilandjamil.com

Notice / Disclaimer

This 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.

From: Zahid Jamil [mailto:zahid@dndrc.com]
Sent: Wednesday, November 11, 2009 10:23 AM
To: 'bc - GNSO list'
Subject: Final BC Position on RPMs & Update on STI

Dear All,

Had been holding out for comments or approvals to be received from many who wished time to add their support or comments. Here is the final draft. Please let me know if I have left any important inclusion that may have reached consensus out. I plan to post this by midday EST.

Here are a few highlights of the Special Trademark Issues working group set up by the GNSO to respond to the Board’s letter:

Registrar and Registry are vehemently against:

Post Launch IP Claims:

(Registrar and Registry are vehemently against, IPC probably don’t want to rock the boat with Ry/Rr, NCSG want to ensure that doesn’t lead to ‘chilling effect’ for individual registrants) – looking tough!

Domain Name Transfer in case of successful URS by complainant:

Ry/Rr dislike Domain Name Suspension/Block especially without fee in case of a successful URS complaint. They would rather just agree to a simple transfer since it doesn’t ‘mess’ with their protocols.

NCSG against Transfer – they want a mechanism where even though a name is subject to a URS, a registrant who can demonstrate legitimate interest should be able to get that domain name.

IPC agree to transfer but willing to agree to suspension subject to fee based renewal by Complainant (TM holder)

URS-Mandatory?:

NCSG the only ones against making it mandatory but seem to be open to it if the URS process incorporates more due process protections.

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

www.jamilandjamil.com

Notice / Disclaimer

This 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.