One other thing - let's all remember that the subject of the new RPMs for new gTLDs was the number one most extensively and intensely discussed and debated subject prior to approval of the new gTLD program, at both the community and Board level. It's not as if there was inadequate attention paid to it up to now. What's in those RPMs now represents the compromise reached within the community and the Board. Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: Hansen, Anjali [mailto:AHansen@council.bbb.org] Sent: Monday, May 07, 2012 10:43 AM To: Phil Corwin; 'Benedetta Rossi'; bc - GNSO list Subject: RE: [bc-gnso] ALERTS from the Secretariat: TAS Interruption - Update (4 May 2012) That may be so, but I do not believe it is okay to make trademark holders defensively register in all of these new TLDS, so a compromise should be put forward by this committee. One that takes into account there may be authorized license holders, etc. Anjali Karina Hansen | Associate General Counsel Tel: 703-247-9340 Fax: 703-276-0634 Email: ahansen@council.bbb.org<mailto:ahansen@council.bbb.org> www.bbb.org<http://www.bbb.org/> | Start With Trust Council of Better Business Bureaus, Inc. 3033 Wilson Boulevard, Suite 600 Arlington, VA 22201 For consumer tips, scams and alerts: Read our blog <http://www.bbb.org/blog/>Find us on: Twitter<http://www.twitter.com/bbb_us> | Facebook<http://www.facebook.com/pages/Better-Business-Bureau-US/25368131403> | LinkedIn<http://www.linkedin.com/groups?about=&gid=1917928&trk=anet_ug_grppro> | YouTube<http://www.youtube.com/user/BBBconsumerTips> | Flickr<http://www.flickr.com/photos/bbb_us> [Description: Description: Description: BBBAnniversarycolor]<http://www.bbb.org/100-year> This message is a private communication, and may contain confidential and/or privileged information. If you have received this message by mistake, please notify the sender by reply email and then delete the message from your system without printing, copying or forwarding it. Thank you. From: Phil Corwin [mailto:psc@vlaw-dc.com]<mailto:[mailto:psc@vlaw-dc.com]> Sent: Monday, May 07, 2012 9:13 AM To: Hansen, Anjali; 'Benedetta Rossi'; bc - GNSO list Subject: RE: [bc-gnso] ALERTS from the Secretariat: TAS Interruption - Update (4 May 2012) Anjali: The TM Clearinghouse is tied to the warning service, which alerts registrants that their domain might be infringing and allows them to consider that, and the fact that they have been warned would almost certainly be a factor in any subsequent UDRP or URS action. However, as to your suggestion that "registrars will thereby put on notice not to sell those trademarks, or deviations thereof, to anyone except the actual trademark holders", that goes too far - there are many instances in which a registrant other than the trademark holder (e.g., an authorized reseller of a particular product or service) could register a domain incorporating a trademark without infringement. Best, Philip Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: owner-bc-gnso@icann.org<mailto:owner-bc-gnso@icann.org> [mailto:owner-bc-gnso@icann.org]<mailto:[mailto:owner-bc-gnso@icann.org]> On Behalf Of Hansen, Anjali Sent: Monday, May 07, 2012 8:15 AM To: 'Benedetta Rossi'; bc - GNSO list Subject: RE: [bc-gnso] ALERTS from the Secretariat: TAS Interruption - Update (4 May 2012) Thanks Benedetta. 2091 new TLDs to be prepared for. My major concerns about this are below: 1) The first thing that I am up in arms about is that the ICM Registry responsible for the .xxx is also applying for .sex and .adult. ICM will allow all of those trademark owners who registered for domains in .xxx to now do the same in .sex and .adult. As you recall, ICM made many millions off of anyone who didn't want to be associated with its .xxx and now they will be allowed to make millions more. It seems as if the brilliant business model in domaining is to apply for a registry everyone is afraid of being associated with and then take their money . I am hoping this committee might want to insist that ICANN put an end to such trademark blackmail. I'd like to get my money back for the trademarks I've had to block in .xxx. Not to mention that ICM has reserved BBB.xxx for their own use despite not holding the trademark thereto. Thus, we couldn't block our most famous trademark from .xxx. 2) I believe the legal and fair approach is to have everyone file their trademarks in a central Trademark Clearinghouse and the registries and registrars will thereby put on notice not to sell those trademarks, or deviations thereof, to anyone except the actual trademark holders. Otherwise, we might have to defensively register or block in hundreds or even a thousand new TLDs. I'd appreciate it if this committee would take on this issue of defensive registrations again at the appropriate time. I appreciate all that you have done thus far, but ICANN hasn't taken the appropriate measures to date. Thanks everyone. Anjali Anjali Karina Hansen | Associate General Counsel Tel: 703-247-9340 Fax: 703-276-0634 Email: ahansen@council.bbb.org<mailto:ahansen@council.bbb.org> www.bbb.org<http://www.bbb.org/> | Start With Trust Council of Better Business Bureaus, Inc. 3033 Wilson Boulevard, Suite 600 Arlington, VA 22201 For consumer tips, scams and alerts: Read our blog <http://www.bbb.org/blog/>Find us on: Twitter<http://www.twitter.com/bbb_us> | Facebook<http://www.facebook.com/pages/Better-Business-Bureau-US/25368131403> | LinkedIn<http://www.linkedin.com/groups?about=&gid=1917928&trk=anet_ug_grppro> | YouTube<http://www.youtube.com/user/BBBconsumerTips> | Flickr<http://www.flickr.com/photos/bbb_us> [Description: Description: Description: BBBAnniversarycolor]<http://www.bbb.org/100-year> This message is a private communication, and may contain confidential and/or privileged information. If you have received this message by mistake, please notify the sender by reply email and then delete the message from your system without printing, copying or forwarding it. Thank you. From: owner-bc-gnso@icann.org<mailto:owner-bc-gnso@icann.org> [mailto:owner-bc-gnso@icann.org]<mailto:[mailto:owner-bc-gnso@icann.org]> On Behalf Of Benedetta Rossi Sent: Sunday, May 06, 2012 4:29 PM To: bc - GNSO list Subject: [bc-gnso] ALERTS from the Secretariat: TAS Interruption - Update (4 May 2012) Dear BC Members, Please find below an ICANN announcement. Kind Regards, Benedetta Rossi BC Secretariat https://community.icann.org/display/gnsobc/Home www.bizconst.org<http://www.bizconst.org> TAS Interruption - Update (4 May 2012) http://www.icann.org/en/news/announcements/announcement-04may12-en.htm Statement by Akram Atallah, COO 4 May 2012 The TLD Application System, or TAS, held 2091 applications - either submitted or in progress - when it was taken offline on 12 April 2012. In addition, there are 214 potential applications that were registered prior to the 29 March cut-off date, but whose payments have not yet been received or reconciled. ICANN has received approximately USD $350 million in fees for applications for new gTLDs. As we have reported, we are in the process of notifying applicants whether they were affected by the software glitch, and plan to complete this process on or before Tuesday, 8 May. Shortly after that process is complete, we will announce the schedule for reopening TAS and completing the application period. Once the system is reopened, we will keep it open for at least five business days. We appreciate your understanding as we work to bring the TLD application system back online. Glen de Saint Géry GNSO Secretariat gnso.secretariat@gnso.icann.org<mailto:gnso.secretariat@gnso.icann.org> http://gnso.icann.org ________________________________ No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com> Version: 2012.0.2171 / Virus Database: 2425/4981 - Release Date: 05/06/12 ________________________________ No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com> Version: 2012.0.2171 / Virus Database: 2425/4983 - Release Date: 05/07/12
