Zahid,

Is it really constructive to advocate positions that go above and beyond the initial recommendations contained in the IRT?

Best regards,

Michael

From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Zahid Jamil
Sent: Tuesday, October 27, 2009 10:13 PM
To: 'BC gnso'
Subject: [bc-gnso] FW: STI-DT -- BC preliminary position statements

Dear All,

Will be sending out a draft of our position on the STI. Here’s something helpful Mike R put together.

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

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From: Mike Rodenbaugh [mailto:mike@rodenbaugh.com]
Sent: Wednesday, October 28, 2009 11:08 AM
To: 'Zahid Jamil'
Cc: 'Philip Sheppard'
Subject: RE: STI-DT -- BC preliminary position statements

TM Clearinghouse:

1. Sunrise processes must be standardized and mandatory.

2. TM notices (misnamed “IP claims”) must be mandatory:

a. All applications for newTLD domain registrations will be checked against the TMC, regardless whether application is during sunrise period or thereafter

b. If applied-for domain string anywhere contains text of trademark listed in TMC, then TM notice given to applicant per proposal listed in Staff recommendation, if domain is registered then TM owner is notified

c. TM owners will have option also to trigger notices in the event that applied-for domain string includes the trademark string altered by typographical errors, as determined by an algorithmic tool. For example, yaho0.new would trigger a notice if Yahoo! elected to exercise this option.

d. Domain applicant must affirmatively respond to the TM notice, either on screen or email, and registrar must maintain written records of such responses for every domain name. TM owner must get notice of every registration that occurs.

URS:

1. Process as detailed by Staff must be mandatory in all newTLD registries

a. Substantive standard of UDRP must be exactly replicated in URS

2. Successful complainant must have option to transfer the name or cancel, if no appeal filed within 90 days from date of URS decision.

a. Successful complainant must also have option to have domain suspended until end of its current registration term, and then indefinitely flagged

b. Flag shall be recorded in clearinghouse so that if anyone seeks to register such name(s) again, they would get a notice.

3. Complainant abuse shall be defined same as Reverse Domain Name Hijacking under UDRP.

4. Meaningful appeal process required, Staff hasn’t made any proposal on that yet, so we cannot comment.

Mike Rodenbaugh

RODENBAUGH LAW

548 Market Street

San Francisco, CA 94104

(415) 738-8087

http://rodenbaugh.com

From: Mike Rodenbaugh [mailto:mike@rodenbaugh.com]
Sent: Monday, October 26, 2009 11:56 PM
To: 'Zahid Jamil'
Cc: 'Philip Sheppard'
Subject: STI-DT -- BC preliminary position statements

BC position on TM Clearinghouse and URS, notes for preliminary statement:

Note the attendance at the meeting (Philip has it).

TMC -- sunrise processes must be standard AND mandatory IP claims, POST-launch – unanimous except Palage -- scope of what triggers a hit, proposal is vague as to ‘yahoo’, or ‘yahoomail’ or ‘yaho0’ or ‘yahhoo’?? We require notice if TM string is replicated anywhere in the domain name that is applied for (except Palage). TM owners can elect how widely the notices would be sent, either to exact matches anywhere in the name, or also algorithmic typos. Domain applicant MUST affirmatively respond to the notice, either on screen or email. TM owner must get notice of every registration that occurs.

URS – mandatory in all newTLD registries (unanimous except for ICA, who thinks in effect it will be adopted by everyone anyway); substantive standard of UDRP must be exactly replicated in URS; procedural elements and evidentiary threshold of Staff proposal; sanctions for complainant abuse (abuse defined same as Reverse Domain Name Hijacking under UDRP); meaningful appeal process required, Staff hasn’t made any proposal on that yet, so we cannot comment. Successful complainant must have option to transfer the name or cancel, if no appeal filed within 90 days from date of URS decision. Some members also would support an indefinite suspension, recorded in clearinghouse so that if anyone seeks to register again, they would get a notice.