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 <http://www.jamilandjamil.com/> 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: 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) <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer =http://rodenbaugh.com/contact> 738-8087 http://rodenbaugh.com <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. GPML - VRZN, Nokia, NetChoice & Marilyn think it should still be on the table, but not a deal-breaker, nobody else supports leaving it on the table. PDDM Mike Rodenbaugh RODENBAUGH LAW 548 Market Street San Francisco, CA 94104 (415) <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer =http://rodenbaugh.com/contact> 738-8087 http://rodenbaugh.com <http://rodenbaugh.com/>
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 <http://www.jamilandjamil.com/> 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: 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) <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer =http://rodenbaugh.com/contact> 738-8087 http://rodenbaugh.com <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. GPML - VRZN, Nokia, NetChoice & Marilyn think it should still be on the table, but not a deal-breaker, nobody else supports leaving it on the table. PDDM Mike Rodenbaugh RODENBAUGH LAW 548 Market Street San Francisco, CA 94104 (415) <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer =http://rodenbaugh.com/contact> 738-8087 http://rodenbaugh.com <http://rodenbaugh.com/>
I think we spent quite a bit of time working through this, Mike, but it may have continued on after you had to leave, but I think that in some cases, we did want to get some stuff identified. Remember that we have two challenges. IF we never say we wanted something, even if it falls off the table early, we aren't then faced with being told that we never said that we wanted XXXXXXXXX. Marilyn S. Cade 202 360 1196 or 202 251 6787 mscade@att.net or marilynscade@hotmail.com From: michael@palage.com To: zahid@dndrc.com; bc-gnso@icann.org Subject: RE: [bc-gnso] FW: STI-DT -- BC preliminary position statements Date: Tue, 27 Oct 2009 22:21:14 -0400 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 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: 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. GPML – VRZN, Nokia, NetChoice & Marilyn think it should still be on the table, but not a deal-breaker, nobody else supports leaving it on the table. PDDM Mike Rodenbaugh RODENBAUGH LAW 548 Market Street San Francisco, CA 94104 (415) 738-8087 http://rodenbaugh.com
Michael--You chose to leave the room yesterday when these discussions were taking place. ICA (and I believe other domain investor members of the BC) cannot support simple reversion to the IRT recommendations, and believe that doing so will result in continued gridlock and Board adoption of a staff "assimilation" that all sides appear unhappy with. Repsectfully, Philip Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey ________________________________ From: owner-bc-gnso@icann.org [owner-bc-gnso@icann.org] On Behalf Of Michael D. Palage [michael@palage.com] Sent: Tuesday, October 27, 2009 10:21 PM To: 'Zahid Jamil'; 'BC gnso' Subject: RE: [bc-gnso] FW: STI-DT -- BC preliminary position statements 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<http://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: 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://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer=...> http://rodenbaugh.com<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. GPML – VRZN, Nokia, NetChoice & Marilyn think it should still be on the table, but not a deal-breaker, nobody else supports leaving it on the table. PDDM Mike Rodenbaugh RODENBAUGH LAW 548 Market Street San Francisco, CA 94104 (415) 738-8087<http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer=...> http://rodenbaugh.com<http://rodenbaugh.com/>
Hello everyone IF these elements are where there is consensus THEN I suggest we move rapidly to supporting a statement that says now these issues are resolved (which are all post implementation commitments for potential applicants and NOT barrier issues to the application process), the new TLD application process can proceed. Note that the effect of these supposedly mandatory requirements will not take effect for at least another 12 months, presupposing that an application process opens in Q1 2010. Arguing to put in place any other impediments in the new TLD application process unfairly and unreasonably enables a group to hold a process hostage, at the expense of other legitimate stakeholders. Note that these so called mandatory requirements have not been accurately costed, do not apply to existing legacy registries and, as such, will attach burdens to new applicants which are not clearly articulated. I doubt that anyone who supports the opening of the new TLD application process will ask for this detail to be provided in full in advance of the application process. That would only cause further unnecessary delays. Liz On 28 Oct 2009, at 02:21, Michael D. Palage wrote:
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
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: 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.
GPML – VRZN, Nokia, NetChoice & Marilyn think it should still be on the table, but not a deal-breaker, nobody else supports leaving it on the table.
PDDM
Mike Rodenbaugh RODENBAUGH LAW 548 Market Street San Francisco, CA 94104 (415) 738-8087 http://rodenbaugh.com
Thanks for the query Michael, The BC meeting yesterday led to member's developing a position. I would suggest that it is up to our membership which (minus one member) agreed to proposals that were discussed in the constructive session moderated by Mike R. 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 <http://www.jamilandjamil.com/> 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: Michael D. Palage [mailto:michael@palage.com] Sent: Wednesday, October 28, 2009 11:21 AM To: 'Zahid Jamil'; 'BC gnso' Subject: RE: [bc-gnso] FW: STI-DT -- BC preliminary position statements 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 <http://www.jamilandjamil.com/> 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: 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) <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer =http://rodenbaugh.com/contact> 738-8087 http://rodenbaugh.com <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. GPML - VRZN, Nokia, NetChoice & Marilyn think it should still be on the table, but not a deal-breaker, nobody else supports leaving it on the table. PDDM Mike Rodenbaugh RODENBAUGH LAW 548 Market Street San Francisco, CA 94104 (415) <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer =http://rodenbaugh.com/contact> 738-8087 http://rodenbaugh.com <http://rodenbaugh.com/>
Zahid, just one clarification. Otherwise fully agree. We agreed, i think, that the members that we had to reach an agreement within the members who were in the room, and based on the emails that were being posted to the list. That's the going in position, right? We all realize that we are relying upon the earlier BC positions, but modified by the evolving situation, right? and realizing that we had to try to reach a 'rough' consensus within the meeting. From: zahid@dndrc.com To: michael@palage.com; bc-gnso@icann.org Subject: RE: [bc-gnso] FW: STI-DT -- BC preliminary position statements Date: Wed, 28 Oct 2009 11:35:13 +0900 Thanks for the query Michael, The BC meeting yesterday led to member’s developing a position. I would suggest that it is up to our membership which (minus one member) agreed to proposals that were discussed in the constructive session moderated by Mike R. 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: Michael D. Palage [mailto:michael@palage.com] Sent: Wednesday, October 28, 2009 11:21 AM To: 'Zahid Jamil'; 'BC gnso' Subject: RE: [bc-gnso] FW: STI-DT -- BC preliminary position statements 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 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: 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. GPML – VRZN, Nokia, NetChoice & Marilyn think it should still be on the table, but not a deal-breaker, nobody else supports leaving it on the table. PDDM Mike Rodenbaugh RODENBAUGH LAW 548 Market Street San Francisco, CA 94104 (415) 738-8087 http://rodenbaugh.com
Indeed Marilyn. You are right. The members at the meeting agreed but the draft position will be posted to the list for input allowing members that were not in the meeting to also have the opportunity to comment. 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 <http://www.jamilandjamil.com/> 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: Marilyn Cade [mailto:marilynscade@hotmail.com] Sent: Wednesday, October 28, 2009 11:44 AM To: Zahid Jamil; michael@palage.com; bc - GNSO list Subject: RE: [bc-gnso] FW: STI-DT -- BC preliminary position statements Zahid, just one clarification. Otherwise fully agree. We agreed, i think, that the members that we had to reach an agreement within the members who were in the room, and based on the emails that were being posted to the list. That's the going in position, right? We all realize that we are relying upon the earlier BC positions, but modified by the evolving situation, right? and realizing that we had to try to reach a 'rough' consensus within the meeting. _____ From: zahid@dndrc.com To: michael@palage.com; bc-gnso@icann.org Subject: RE: [bc-gnso] FW: STI-DT -- BC preliminary position statements Date: Wed, 28 Oct 2009 11:35:13 +0900 Thanks for the query Michael, The BC meeting yesterday led to member's developing a position. I would suggest that it is up to our membership which (minus one member) agreed to proposals that were discussed in the constructive session moderated by Mike R. 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 <http://www.jamilandjamil.com/> 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: Michael D. Palage [mailto:michael@palage.com] Sent: Wednesday, October 28, 2009 11:21 AM To: 'Zahid Jamil'; 'BC gnso' Subject: RE: [bc-gnso] FW: STI-DT -- BC preliminary position statements 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 <http://www.jamilandjamil.com/> 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: 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) <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer =http://rodenbaugh.com/contact> 738-8087 http://rodenbaugh.com <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. GPML - VRZN, Nokia, NetChoice & Marilyn think it should still be on the table, but not a deal-breaker, nobody else supports leaving it on the table. PDDM Mike Rodenbaugh RODENBAUGH LAW 548 Market Street San Francisco, CA 94104 (415) <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer =http://rodenbaugh.com/contact> 738-8087 http://rodenbaugh.com <http://rodenbaugh.com/>
Zahid and others If the BC membership wants to advocate positions that are above and beyond the original IRT recommend - more power to you. If Ron wants to revive a concept that was dead and buried years ago - more power to him. As a small business owner, I need to focus my time and energies on efforts that have a snow ball's chance of hell of actually making a difference. I just hope the membership is not disappointed when those aspects of their overzealous requests get ignored. My last post on the topic. I will just make my minority viewpoint made when the option presents itself. 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 10:35 PM To: 'Michael D. Palage'; 'BC gnso' Subject: RE: [bc-gnso] FW: STI-DT -- BC preliminary position statements Thanks for the query Michael, The BC meeting yesterday led to member's developing a position. I would suggest that it is up to our membership which (minus one member) agreed to proposals that were discussed in the constructive session moderated by Mike R. 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 <http://www.jamilandjamil.com/> 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: Michael D. Palage [mailto:michael@palage.com] Sent: Wednesday, October 28, 2009 11:21 AM To: 'Zahid Jamil'; 'BC gnso' Subject: RE: [bc-gnso] FW: STI-DT -- BC preliminary position statements 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 <http://www.jamilandjamil.com/> 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: 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) <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer =http://rodenbaugh.com/contact> 738-8087 http://rodenbaugh.com <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. GPML - VRZN, Nokia, NetChoice & Marilyn think it should still be on the table, but not a deal-breaker, nobody else supports leaving it on the table. PDDM Mike Rodenbaugh RODENBAUGH LAW 548 Market Street San Francisco, CA 94104 (415) <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer =http://rodenbaugh.com/contact> 738-8087 http://rodenbaugh.com <http://rodenbaugh.com/>
I assume Michael Palage is referring to our recommendations regarding use of TM Clearinghouse post-sunrise, and the disposition of names that are suspended as result of a URS proceeding. In our BC meeting yesterday, I asked the whether these 2 recommendations were in the IRT final report. I learned that the IRT report was silent on post-sunrise TM checking and post-URS disposition of infringing names. Not sure why they were omitted, but strikes me those are important gaps in the IRT plan. I think our recommendations will stimulate discussion in areas that will, sooner or later, have to be debated. While we could wait until DAGv4 comes out, I think we should get these items into the mix now, as a response to the Board/CEO letter. -- Steve DelBianco Executive Director NetChoice http://www.NetChoice.org and http://blog.netchoice.org +1.202.420.7482 On 10/28/09 11:21 AM, "Michael Palage" <Michael@palage.com> wrote:
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. Here¹s 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 <http://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: 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 ³IP claims²) 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 hasn¹t 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://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer=... ttp://rodenbaugh.com/contact> http://rodenbaugh.com <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 yahoo¹, or yahoomail¹ or yaho0¹ or yahhoo¹?? 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 hasn¹t 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.
GPML VRZN, Nokia, NetChoice & Marilyn think it should still be on the table, but not a deal-breaker, nobody else supports leaving it on the table.
PDDM
Mike Rodenbaugh RODENBAUGH LAW 548 Market Street San Francisco, CA 94104 (415) 738-8087 <http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer=... ttp://rodenbaugh.com/contact> http://rodenbaugh.com <http://rodenbaugh.com/>
wow! i just tuned into the Twitter stream about ICANN (i kinda forgot for a while). LOTS of posts! here's a link if you want to follow along; http://search.twitter.com/search?q=%23icann i just read that Chuck Gomes is the new GNSO chair. i think that's very cool. i like working with Chuck a lot and have nothing but the best wishes for him as he takes on that role. lots more news on the Twitter feed. i recommend it to all... mikey - - - - - - - - - phone 651-647-6109 fax 866-280-2356 web www.haven2.com handle OConnorStP (ID for public places like Twitter, Facebook, Google, etc.)
See my initial comments on behalf of ICA below -- Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey ________________________________ From: owner-bc-gnso@icann.org [owner-bc-gnso@icann.org] On Behalf Of Zahid Jamil [zahid@dndrc.com] 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<http://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: 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. -- The range of typos must be narrowly circumscrined/otherwise a single trademark will show up against tens of thousands or more potential registrations, and a registrant may receive notice that his sought after domain bumps up against multiple marks. 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 --As we think the "optional" nature of URS as proposed is illusory because of the evaluation point loss and the heightened potential liability, no objection if the URS is a narrowly defined supplement to rather than substitute for the UDRP that preserves registrant due process. a. Substantive standard of UDRP must be exactly replicated in URS -- Thank you. The unexplained "and/or" in the staff version is unacceptable and must be repleaced by just "and". 2. Successful complainant must have option to transfer the name or cancel, if no appeal filed within 90 days from date of URS decision. -- Stll thinking about this one, as we have some concern that a transfer option heightens the potential for URS to displace UDRP. a. Successful complainant must also have option to have domain suspended until end of its current registration term, and then indefinitely flagged--Indefinite flagging problematic -- a given domain could well be used in a noninfringing way by a future registrant -- but again, our position is dependent on the scope of the URS. 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.-- We continue to be very concerned that the sanctions for complainant abuse are inadequate -- especially since 5 abusive complaints in an initial batch of 25 domains charged against a single registrant would only count as 1 abuse. 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://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer=...> http://rodenbaugh.com<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. GPML – VRZN, Nokia, NetChoice & Marilyn think it should still be on the table, but not a deal-breaker, nobody else supports leaving it on the table. PDDM Mike Rodenbaugh RODENBAUGH LAW 548 Market Street San Francisco, CA 94104 (415) 738-8087<http://service.ringcentral.com/ringme/callback.asp?mbid=57178438,0,&referer=...> http://rodenbaugh.com<http://rodenbaugh.com/>
participants (7)
-
Liz Williams -
Marilyn Cade -
Michael D. Palage -
Mike O'Connor -
Phil Corwin -
Steve DelBianco -
Zahid Jamil