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Recording, Attendance, & AC Chat for RPM Sub Team for URS Documents call held Wednesday, 18 July 2018
by Julie Bisland July 18, 2018

July 18, 2018

Dear all, Please find the attendance and AC Chat transcript attached to this email and the mp3 and AC Recording below for the RPM Sub Team for URS Documents call held Wednesday, 18 July 2018 at 17:00 UTC. Attendance and recording of the call is posted on agenda wiki page: https://community.icann.org/x/jYxHBQ Mp3: https://audio.icann.org/gnso/gnso-rpm-review-urs-documents-18jul18-en.mp3 AC Recording: https://participate.icann.org/p9sceaqfaq8/<https://participate.icann.org/p9sceaqfaq8/?OWASP_CSRFTOKEN=608c00bf14496c35…> The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-rpm-documents/ Main wiki page for the working group: https://community.icann.org/x/zRW8B Kind Regards, Julie

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Action Items & Notes from the URS Documents Sub Team call today
by Mary Wong July 18, 2018

July 18, 2018

Dear all, Here is what staff captured as action items and notes from the URS Documents Sub Team call that was held today, 18 July 2018. As always, the notes are intended only as high-level summary points for reference and do not replace the full record of the call, for which the recording and transcript will be posted to the Sub Team’s wiki page. Action Items: 1. Brian to work with staff to contact registry operators whose gTLDs saw the most URS complaints for feedback about their qualitative experiences with the notice requirements (based on list of 25 gTLDs with the most URS complaints as of December 2017) 2. Brian to coordinate with staff regarding alignment with the other Sub Teams and reporting back to the full WG 3. Staff to clean up topics table based on today's discussion and provide list of issues/topics/points for Sub Team consideration and (as appropriate) further consideration 4. Staff to provide case numbers for Sub Team members to review more deeply (for the Claims Denied cases) - Zak M. and David M. volunteered 5. Staff to circle back with David M. on the de novo review cases 6. Staff to find out if there is decoding software available that can be used to read the coded portion of a SMD file (or if the only way is to obtain the private key from the TMCH) 7. Staff to complete action items on additional background information as noted in Column 4 of the URS Consolidated Document Notes: * Note on Action Item from 11 July: The Docs Sub Team believes it has adequately identified the available data sources for all the topics and questions raised. * Objective of this call: based on review of data we have, determine what (if any) potential recommendations and other observations we will report for the full WG to consider. Important to remember that full discussion and development of policy recommendations must happen at the WG level. * Question: On responses from Providers' & Practitioners' survey results - do we just catalogue them (as received) or should we do more to facilitate coordination across the Sub Teams and for discussion by the full WG? * Approach: walk through each section (especially Column 4 and where there is reference to the Provider or Practitioner survey responses), to meet objective of the call as stated (e.g. ask if the Sub Team sees any issues or possible discussion proposals based on the survey responses) Discussion: A. THE COMPLAINT: * Standing re: types of marks - this raises a fundamental question as to whether the nature of the mark (since trademark rights are required for standing) is something that is within scope for URS review. SUB TEAM RECOMMENDATION - highlight that question has been raised as to whether the standing requirement for URS should be changed in view of available data about types of marks. * Proof of use via SMD files - practitioners' survey results seem to indicate no problems have been caused (SMD files are adequate), but a few respondents and WG members have raised questions about this. QUESTION: Is there decoding software that can "open" the coded (non-human readable) portions of the SMD file? Is it only readable with the private key obtainable only from the TMCH? * Time frames - this has implications on the filing as well as receiving party. Responses were mostly filed within the 6-months timeframe (most within the initial 14 days). QUESTION: Is the problem not so much length of each time frame per se, but the possible overlapping/duplicative mechanisms for review and appeal? * Word limits - more practitioners agreed that these are adequate, but a number also disagreed. B. THE NOTICE: * Providers Sub Team has been discussing the differences in practice amongst the various providers. No need to duplicate that effort - but Docs Sub Team notes the need to have a coordinated discussion of any notice issues at the WG level. * From Practitioners survey - Most practitioners who responded noted no issues with notice, with one comment on privacy/proxy services noting that FORUM was able to assist. Many of the practitioners represented complainants. * Locking of domain within 24 hours - providers have indicated no serious difficulties, including with communicating with registry operators, though there are occasional inconsistencies and problems (for specific reasons documented in the provider survey responses). No issues were raised from the practitioners. C. THE RESPONSE: * Refer to staff compilation summary and data tables for the data on how many responses were filed, in which time frame, and their final determination. QUESTION: of the 4% (between 23-27%) of the 827 cases where a response was filed after the 14-day period but within 6 months, is it possible to see exactly when they were filed? Reply: This will require a further look into the data as we don't currently have the actual cases extracted. SUB TEAM RECOMMENDATION: No further research required at the moment, given the data staff has already compiled. * Cases involving 15 or more domains: not many. SUB TEAM RECOMMENDATION: The current data does not allow for any sound policy conclusion. D. STANDARD OF PROOF * Is URS being used for its purpose: Practitioners survey results - most either agreed or strongly agreed. * Meeting "clear and convincing" standard - practitioners split on whether guidance should be provided to examiners on how to determine if this has been met. Over half the practitioners felt the standard is appropriate (and felt it was adequate as is), but a few thought it was too high (and should be lowered). SUB TEAM RECOMMENDATION: Some rudimentary guidance as to what constitutes "clear and convincing" (in view of differing laws around the world) may be useful. Based on the data reviewed, the Sub Team does not believe that changing the standard is necessary. * Analysis of the 59 Claims Denied cases: work in progress; staff focus continues to be on trying to see if grounds/defenses other than those listed in URS sections 5.7 and 5.8 were the reason.

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Agenda - URS Documents Sub Team Meeting on 18 July 2018, 17:00 UTC
by mail＠berrycobb.com July 18, 2018

July 18, 2018

Hi All, Please find the proposed agenda for the Documents Sub-team Meeting on 18 July 2018 @ 17:00 UTC: 1. Agenda Bash, SOI updates 2. Substantive deliberations on key topics of the URS a. The Complaint b. The Notice c. The Response d. Standard of Proof and Defenses (if time allows) e. Data collection & analysis: i. attached, Consolidated URS Discussion Document - updated 16 July 2018v2.docx ii. attached, Staff compilation report - updated URS data_v1.1 - 9 July 2018.docx iii. attached, Responses & Notes - URS Provider Questions (15 June 2018) - Responses.pdf iv. attached, URS Practitioners Survey Summary Results 12 June 2018.pdf 3. AOB On item #2 – The sub team will review through in detail each section, starting with The Complaint on our consolidated table and data inventory. Each inventoried data source will be presented and then we’ll open up deliberation for the sub team to identify issues they see with the URS based on the data and/or provide a preliminary conclusion of what could be changed to address the issue. Staff will document each of these identified for a summary output document. The sub team is encouraged to review through the first three sections prior to the call formulating your opinions/questions to help inform the deliberations. Thank you. B Berry A. Cobb GNSO Policy Consultant @berrycobb

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URS "de novo" and "delay" cases
by BECKHAM, Brian July 16, 2018

July 16, 2018

Hi all, Following on our good call last week, below are the 10 cases in which a ��de novo�� review was, according to a search on the NAF site, was in play (I believe David McAuley was willing to look at these to see if there were any conclusions to draw): �� 1554143 wolfram.ceo Wolfram Group LLC v. Andrew Davis et al. URS 04/22/2014 Suspended Final<http://www.adrforum.com/domaindecisions/1554143F.htm> Appeal<http://www.adrforum.com/domaindecisions/1554143A.htm> 05/06/2014 �� 1563665 lockheed.email, lockheedmartin.email Lockheed Martin Corporation v. yoyo.email et al. URS 06/10/2014 Suspended Final<http://www.adrforum.com/domaindecisions/1563665F.htm> Appeal<http://www.adrforum.com/domaindecisions/1563665A.htm> 08/06/2014 �� 1564796 mwe.email McDermott Will & Emery LLP v. yoyo.email et al. URS 06/17/2014 Suspended Appeal<http://www.adrforum.com/domaindecisions/1564796A.htm> 08/07/2014 �� 1628473 eos.blackfriday Canon Kabushiki Kaisha v. North Sound Names et al. URS 07/13/2015 Suspended Final<http://www.adrforum.com/domaindecisions/1628473F.htm> Appeal<http://www.adrforum.com/domaindecisions/1628473A.htm> 09/13/2015 �� 1637103 tagheuer.digital LVMH SWISS MANUFACTURES SA v. GiftSMS et al. URS 09/11/2015 Suspended Final<http://www.adrforum.com/domaindecisions/1637103F.htm> Appeal<http://www.adrforum.com/domaindecisions/1637103A.htm> 11/23/2015 �� 1672049 sanofi.xin SANOFI v. �� et al. URS 04/26/2016 Suspended Final<http://www.adrforum.com/domaindecisions/1672049F.htm> Appeal<http://www.adrforum.com/domaindecisions/1672049A.htm> 06/28/2016 �� 1673323 brandchannel.xyz, interbrand.club Interbrand Group v. WhoisGuard, Inc. et al. URS 05/06/2016 Suspended Final<http://www.adrforum.com/domaindecisions/1673323F.htm> Appeal<http://www.adrforum.com/domaindecisions/1673323A.htm> 06/15/2016 �� 1681062 grey.email Grey Global Group LLC v. i-content Ltd. et al. URS 06/27/2016 Claim Denied Final<http://www.adrforum.com/domaindecisions/1681062F.htm> Appeal<http://www.adrforum.com/domaindecisions/1681062A.htm> 08/10/2016 �� 1716444 greubel-forsey.watch GFPI S.A. v. Michael Meyer et al. URS 02/08/2017 Suspended Final<http://www.adrforum.com/domaindecisions/1716444F.htm> Appeal<http://www.adrforum.com/domaindecisions/1716444A.htm> 03/23/2017 �� 1760252 virginmobile.top Virgin Enterprises Limited v. Zhu Jie et al. URS 11/30/2017 Suspended Default<http://www.adrforum.com/domaindecisions/1760252D.htm> Final<http://www.adrforum.com/domaindecisions/1760252F.htm> 01/19/2018 Also, FYI �C to recall there were no cases where ��laches�� appeared and 6 (pasted below) where ��delay�� appeared: �� 1587022 holidayinn.wang Six Continents Hotels, Inc. v. hong yong et al. URS 10/29/2014 Suspended Default<http://www.adrforum.com/domaindecisions/1587022D.htm> Final<http://www.adrforum.com/domaindecisions/1587022F.htm> 11/24/2014 �� 1592905 porsche.kaufen, porsche-design.kaufen Dr. Ing. h.c. F. Porsche AG v. visucom ag et al. URS 12/03/2014 Suspended Default<http://www.adrforum.com/domaindecisions/1592905D.htm> 12/22/2014 �� 1613317 bankofthewest.money Bank of the West, N.A. v. Peter Keating URS 04/08/2015 Suspended Default<http://www.adrforum.com/domaindecisions/1613317D.htm> 04/27/2015 �� 1620565 urbanoutfitters.sale Urban Outfitters, Inc v. Domain Administrator URS 05/28/2015 Suspended Default<http://www.adrforum.com/domaindecisions/1620565D.htm> 06/17/2015 �� 1636250 fxcm.top Forex Capital Markets LLC v. zechuan chang URS 09/08/2015 Suspended Default<http://www.adrforum.com/domaindecisions/1636250D.htm> 09/28/2015 �� 1734989 schneider-electric.store SCHNEIDER ELECTRIC SE v. Private Person URS 06/08/2017 Suspended Default<http://www.adrforum.com/domaindecisions/1734989D.htm> 06/28/2017 Best, Brian [The image of the 2018 GII cover shows crashing waves captured within the outline of a battery cell, representing the raw power of innovation.] <http://www.wipo.int/gii/?utm_source=wipomail&utm_medium=signature&utm_campa…> GLOBAL INNOVATION INDEX 2018 Energizing the World with Innovation Launch July 10 www.wipo.int/gii<http://www.wipo.int/gii/?utm_source=wipomail&utm_medium=signature&utm_campa…> #GII2018 World Intellectual Property Organization Disclaimer: This electronic message may contain privileged, confidential and copyright protected information. If you have received this e-mail by mistake, please immediately notify the sender and delete this e-mail and all its attachments. Please ensure all e-mail attachments are scanned for viruses prior to opening or using.

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Recording, Attendance, & AC Chat for RPM Sub Team for URS Documents call held Wednesday, 11 July 2018
by Andrea Glandon July 13, 2018

July 13, 2018

Dear all, Apologies for the delay in this email. Please find the attendance and AC Chat transcript attached to this email and the mp3 below for the RPM Sub Team for URS Documents call held Wednesday, 11 July 2018 at 17:00 UTC. Attendance and recording of the call is posted on agenda wiki page: https://community.icann.org/x/64NHBQ Mp3: https://audio.icann.org/gnso/gnso-rpm-review-urs-documents-11jul18-en.mp3 The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-rpm-documents/ Main wiki page for the working group: https://community.icann.org/x/zRW8B Kind Regards, Andrea Glandon

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Actions and Notes: URS Documents Sub Team Meeting on 11 July 17:00 UTC
by Julie Hedlund July 11, 2018

July 11, 2018

Dear All, Please see below the action items and brief notes captured by staff from the URS Documents Sub Team call held on 11 July 2018 (1700 UTC). Please note that these will be high-level notes and are not meant as a substitute for the transcript or recording. Staff have posted to the wiki space the action items and notes at: https://community.icann.org/display/RARPMRIAGPWG/2018+Meetings. Please also see the attached referenced documents. Best regards, Mary, Ariel, Berry, and Julie Action Items: WG members should review the Consolidated URS Discussion Document, especially column 5 – Data Sources – and note whether there are data sources that haven’t been identified, or whether the data raise issues concerning the URS. For example: sub bullet on page 4 on The Complaint (A) -- staff hasn't done any analysis on types of marks. Does it need to occur, if so, and how? David McAuley volunteered to work with Berry Cobb to review the 10 de novo review cases. Notes: Reminder: The suggested standard set of high-level questions (some of which, e.g. Question 1 and/or 5, may need to be modified for certain topics) were: 1) Has it been used? Why or why not? 2) What was the original purpose and is it being fulfilled? 3) Bearing in mind the original purpose, have there been any unintended consequences? 4) What changes could better align the mechanism with the original purpose/facilitate it to carry out its purpose? 5) What was the ultimate outcome? 1. Agenda, SOI Updates: None 2. Continue review of data collection & analysis: a. Presentation on data inventory approach by section of Consolidated URS Discussion Document - updated 9 July 2018. See: https://community.icann.org/download/attachments/88572907/Consolidated%20UR… Update: -- Went through the chart and noted that 80% or more of the topics identified were covered. -- A few places where there was work to be done by the Sub Team. Most of those are pretty easy. -- Look for volunteers to tick off the remaining to-do items. -- Prepare findings, policies, and recommendations for the full WG. -- Note that Sub Team work has been efficient. Consolidated URS Discussion Document - updated 09 July 2018v2 Background: -- How we got here: We had a Sub Team meeting prior to Panama where staff provided the analysis over the past few months: responses, Prof. Tushnett's research -- checked off the list of the data collected and analyzed. -- This updated document is an inventory of what we have and what is still outstanding. -- Discuss what other tasks this group needs to perform and how that links to the topics in the table. -- Once we divided into Sub Teams the Data Sources column was added and this Sub Team was created. -- Staff took the initiative to collect the identified data sources and conducted the analysis. -- The meeting prior to Panama was a presentation of some of that data. A lot to digest. Didn't have the connection to the topics in the table. -- The secondary component -- there are 5 high-level questions; circle back to these when we start to review things, such as the complaint. Example of how to review the Consolidated Document, page 3: A. The Complaint -- Data Sources (column 5) -- Providers Sub Team -- Practitioners Sub Team -- Sub bullets on the exact location of the data -- Sub Team should move to that data source, and ask the 5 questions. Example: Administrative Review -- URS Provider Questions row 30-31: 22 cases that didn't pass the Administrative Review -- ADNDRC said there were more than 2 cases. -- Forum said there were 17 cases. -- MFD said there were a few cases that failed the review. Example: Practitioner Sub Team survey pages 20-21 Example: Response: 250 cases up to 2017 where a response was filed and we did analysis. This was substantive and touches on all 4 data sources: Prof. Tushnett, from the Providers' site, Sub Teams on Practitioners and Providers. -- See Table 11: URS Case Response Analysis Discussion: -- Is it worth running through the full Compilation Table to identify where we have work to do, then go through it a second time for a substantive review. Yes, that is the plan. -- Open questions: Final bullet -- Rebecca's research should show what types of marks are the subject of complaints (page 4) -- Not sure there is research that would answer that question. Is this last bullet on types of marks meant to look at how many are identical, or something else -- such as type of mark? May not be able to draw conclusions. Does the WG agree that we are looking at identical or mark + term, and not dictionary terms? -- There are two distinct sets of questions -- coding doesn't address: Is there a live problem with descriptive terms especially in the notice concept. -- Don't see how we could determine whether any particular mark is descriptive or generic. That require looking at what the mark was registered for and looking behind that. It is more of an issue with respect to the TMCH. -- Have the documents shown us whether the facts are on the table regarding the trademark -- category of goods and services, jurisdiction. On descriptive terms has an answer been given? We are running through this table to identify whether we do have the data or not. The sub bullet on page 4 on the complaint -- ACTION/QUESTION: staff hasn't done any analysis on types of marks. Does it need to occur, if so, and how? -- To the broader question if someone has a descriptive mark and what type of evidence they are providing -- maybe put this as a question to come back to at the end of the call. Are the panelists reflecting the evidentiary record put before them? Questions to Providers and Practitioners. -- We do know that the SMD files are coming in encrypted. Do the decisions reflect that evidence that has come in from the complaint? -- On dictionary words: re: Dictionary words are trademarks for something; re: claims notice, we want to know if the notice is clear and provides enough information for the registrant to know how to proceed. This is a claims notice clarity issue, not a URS issue. [Staff walks through each section of the document and describing what is in column 5, Data Sources] Discussion: -- What are we doing about issues flagged by the Practitioners and Providers Sub Teams? To the extent that the Documents Sub Team has identified issues these will be captured. The Practitioners and Providers Sub Teams also are identifying issues that they are presenting to the WG. -- It seems that we need to bring the work done in the different Sub Teams together. The Documents Sub Team was simply identify where we could find the information, such as in the data, or in the Practitioners or Providers Sub Teams. -- Re: Registries and URS cases filed: qualitative experiences receiving notices -- reach out directly to them? (row on response fees). -- Re: Standard of Proof: Recommendation: develop an examination guide for Examiners to understand distinctions between easy vs. hard cases. Trying to understand where that came from. Perhaps we could recommend a check list rather than a guide. The "Education" section might be a better place for the recommendation about a checklist. -- Re: De Novo Review: ACTION: Would be helpful if a volunteer could go through the 10 that were flagged. David McAuley volunteered to help Berry on the 10 cases. -- Re: Notice: Do we know what this question was meaning to address? It was the suspension notice of the domain to the registry operator, referring to inconsistencies in practice when a language other than English is involved. -- Re: Abuse of Process: Information from Providers that may provide some information. -- Re: Language: Did not find anything in the Practitioners, but the Providers had substantive responses. Determine if that is enough. Next Steps: -- For the bulk of these sections we've identified data and a few potential issues (some of which overlap with issues and possible recommendations from the Practitioners and Providers Sub Teams). -- For next week: Decide whether we want to identify that this document Sub Team will pull together recommendations. -- We have volunteers to do some follow-on work.

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Agenda - URS Documents Sub Team Meeting on 11 July 2018, 17:00 UTC
by mail＠berrycobb.com July 11, 2018

July 11, 2018

Hi All, Please find the proposed agenda for the Documents Sub-team Meeting on 11 July 2018 @ 17:00 UTC: 1. Agenda Bash, SOI updates 2. Continue review of data collection & analysis: a. Presentation on data inventory approach by section of Consolidated URS Discussion Document (attached, Consolidated URS Discussion Document - updated 9 July 2018v2.docx) b. Data & Analysis Reference documents: i. (attached, Staff compilation report - updated URS data_v1.1 - 9 July 2018.docx) ii. (attached, Responses & Notes - URS Provider Questions (15 June 2018) - Responses.pdf) iii. (attached, URS Practitioners Survey Summary Results 12 June 2018.pdf) 3. AOB Thank you. B Berry A. Cobb 720.839.5735 <mailto:mail@berrycobb.com> mail(a)berrycobb.com @berrycobb From: Gnso-rpm-documents [mailto:gnso-rpm-documents-bounces@icann.org] On Behalf Of BECKHAM, Brian Sent: Monday, June 11, 2018 06:37 To: Julie Hedlund; gnso-rpm-documents(a)icann.org Subject: Re: [Gnso-rpm-documents] URS Documents Sub Team Meeting on 13 June 17:00 UTC Thanks Julie, Do we happen to know if Rebecca will be able to join this June 13 call? I also would like to ask two things: (1) if it is possible for our subteam members to share any thoughts on this list prior to the call, and (2) if anyone could back me up to co-lead or lead the call, as I will be at the ECTA Annual Conference in Greece. Having run through the excel sheet, it seems to largely support the preliminary view of this subteam that the URS generally seemed to working as intended. It also seems that there is a small subset of cases where this is little to no justification by the examiner beyond reciting the URS elements (which is not by itself per se evidence of a failure of the system or the particular case/examiner, and which must be weighed against the URS goals of speed, cost, and the nature of the domain names at issue). All said, this supports the complimentary preliminary view of this subteam that one possible recommendation for the full WG to consider would be some sort of checklist of minimum elements that should be included in URS determinations. Brian From: Gnso-rpm-documents [mailto:gnso-rpm-documents-bounces@icann.org] On Behalf Of Julie Hedlund Sent: Tuesday, June 05, 2018 6:04 PM To: gnso-rpm-documents(a)icann.org Subject: [Gnso-rpm-documents] URS Documents Sub Team Meeting on 13 June 17:00 UTC Dear all, Please note that per item 2b below a meeting will be scheduled on 13 June at 17:00 UTC for 90 minutes to review through data as identified by the Documents Sub Team where Rebecca's research may assist and additional data as completed by staff (to be sent early next week for the Sub Team review prior to the call). Kind regards, Mary, Ariel, Berry, and Julie From: gnso-rpm-wg <gnso-rpm-wg-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Tuesday, June 5, 2018 at 10:53 AM To: "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Subject: [gnso-rpm-wg] RPM Working Group June Schedule and Work Plan Dear RPM Working Group members, On behalf of the RPM Working Group (WG) Co-Chairs, here is a preview of the work anticipated for June relating to the various data collection exercises with additional details in the attached table: 1. Wednesday, 06 June: No Full Working Group meeting. Instead, the TMCH Data Sub Team will work with the Analysis Group on final questions for registries, registrars, trademark owners, registrants, and potential registrants. A second meeting is scheduled on 07 June if needed. a. Analysis Group will preview the proposed final survey questions to the full WG by 13 June via mailing list b. After pre-testing, Analysis Group launches surveys around 22 June on a rolling basis 2. Wednesday, 13 June: No Full Working Group meeting. Two URS Data Sub Teams will meet to review the research of Prof. Tushnet: a. Providers Sub Team – 12:00 UTC b. Documents Sub Team – 17:00 UTC c. Both will consider how best to use the relevant URS data and will aim to present their recommendations to full WG on 20 June. d. Practitioners Sub Team will receive the Practitioners survey results by 11 June – Staff will assist in setting up a time to meet, review and organize them 12 or 14 June. e. Providers Sub Team should begin to review the Providers survey results on 13 June. 3. Wednesday, 20 June: Full Working Group meeting: Presentations by Providers and Documents Sub Teams about their recommendations for the use of relevant URS data from Prof. Tushnet’s compilation. 4. Panama City ICANN62: Face-to-Face Full WG Meetings (with remote participation): a. Wednesday, 27 June, 10:30 am-Noon (local time) – first RPM WG Meeting: URS Data discussion—Presentation from Practitioners Sub Team re: Survey Results b. Thursday, 28 June, 9:00-10:15 am (local time) – second RPM WG Meeting: URS Data discussion—Presentation from Providers Sub Team re: Survey Results c. Thursday, 28 June, 10:30 am-Noon (local time) – third RPM WG Meeting: Discussion on Procedural Issues Staff have scheduled the meetings with the TMCH Data Sub Team this week, and will be coordinating with the Providers, Practitioners, and Documents URS Sub Teams concerning meetings the week of 11 June. In addition, staff will send to the WG the links to the three ICANN62 sessions (which will include details for remote participation – we expect to be back with Adobe Connect again). Please let us know if you have any questions about these plans. Best regards, Mary, Ariel, Berry, and Julie World Intellectual Property Organization Disclaimer: This electronic message may contain privileged, confidential and copyright protected information. If you have received this e-mail by mistake, please immediately notify the sender and delete this e-mail and all its attachments. Please ensure all e-mail attachments are scanned for viruses prior to opening or using.

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Provider's Responses to Doc's Sub Team Questions
by Berry Cobb June 26, 2018

June 26, 2018

Hi All, Please find attached select questions that the Document's sub team assigned to the Provider's sub team with responses from the three providers. When the sub team reconvenes, we will review the response in greater detail and make a determination if it satisfied the original ask. PS: I need to review through the Document's sub team inventory of data sources and fish out those questions from the Practitioner's survey. I hope to have that to the group next week. Also, I'm awaiting confirmation, but it is anticipated that the Doc's sub team will reconvene 11 July at 17:00 UTC. Once confirmed, we will get calendar invites out ASAP. Thank you. B Berry Cobb GNSO Policy Consultant @berrycobb

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FOR REVIEW/INFORMATION: Updated staff compilation report on URS cases
by Mary Wong June 26, 2018

June 26, 2018

Dear all, Staff has updated the 12 June “staff compilation report” document that Berry sent around for agenda item #1 on our last Sub Team all on 13 June (below). Please see attached; note that the current update does not involve changes to any of the data or numbers, which remain as Berry reported them on the call. What we did was to clarify some of the explanatory text around the methodology, and we highlighted the summary of findings so far for easier reading (see the top of Pages 11 & 16). For your convenience, here again is the summary of initial findings for the 827 URS cases decided through end-2017 and as of May 2018: * 28% of the cases (59% of domains disputed) – final domain disposition is “Suspended” . * 27% of the cases (17% of the domains disputed) - domain is no longer registered (most were suspended after the Complainant prevailed). * 30% of the cases (16% of the domains disputed) - Complainant uses brand protection from a provider, a protected marks list, or reserved the name with the Registry * 27% of the cases saw a Response filed to the Complaint * 23% of the cases saw a Response filed within the 14-day period specified in the URS procedure and rules * 13% of the cases with a Response resulted in the claim being denied Staff would like to take this opportunity to once again note that the data on domain disposition reflects the situation as of May 2018, and as such may and likely will change with the passage of time. We hope this report is useful as the Sub Team proceeds to review the original URS Topics Table against the reported data. Thanks and cheers Mary & Berry From: Gnso-rpm-documents <gnso-rpm-documents-bounces(a)icann.org> on behalf of "mail(a)berrycobb.com" <mail(a)berrycobb.com> Date: Tuesday, June 12, 2018 at 06:26 To: "gnso-rpm-documents(a)icann.org" <gnso-rpm-documents(a)icann.org> Subject: [Gnso-rpm-documents] Agenda - URS Documents Sub Team Meeting on 13 June 2018, 17:00 UTC Hi All, Please find the proposed agenda for the Documents Sub-team Meeting on 13 June 2018 @ 17:00 UTC: 1. Agenda Bash, SOI updates 2. Continue review of data collection & analysis (attached, Staff compilation report - updated URS data_20180612.pdf) on remaining items identified from Consolidated URS Discussion Document (attached, Consolidated URS Discussion Document - updated 22 March 2018.docx) * Data on the domain disposition of URS cases – P.11-13 * Multiple URS cases filed on the same domain – P.14-15 * URS Case response analysis – P.16** * Discuss URS Cases where the Respondent prevailed (two drafts extracted from Rebecca’s coding, attached, URS Case Review - ClaimDenied_v0.1.pdf) i. We may have to place this agenda item first, depending on Rebecca’s availability. ii. This item is still very much a draft of something tangible for the sub-team to deliberate on and a direct extract from the coding matrix from Rebecca’s team. iii. Staff looks for additional guidance before resource spend 1. Final Review of Consolidated URS Discussion Document 2. AOB Thank you. B Berry A. Cobb 720.839.5735 mail(a)berrycobb.com<mailto:mail@berrycobb.com> @berrycobb From: Gnso-rpm-documents [mailto:gnso-rpm-documents-bounces@icann.org] On Behalf Of BECKHAM, Brian Sent: Monday, June 11, 2018 06:37 To: Julie Hedlund; gnso-rpm-documents(a)icann.org Subject: Re: [Gnso-rpm-documents] URS Documents Sub Team Meeting on 13 June 17:00 UTC Thanks Julie, Do we happen to know if Rebecca will be able to join this June 13 call? I also would like to ask two things: (1) if it is possible for our subteam members to share any thoughts on this list prior to the call, and (2) if anyone could back me up to co-lead or lead the call, as I will be at the ECTA Annual Conference in Greece. Having run through the excel sheet, it seems to largely support the preliminary view of this subteam that the URS generally seemed to working as intended. It also seems that there is a small subset of cases where this is little to no justification by the examiner beyond reciting the URS elements (which is not by itself per se evidence of a failure of the system or the particular case/examiner, and which must be weighed against the URS goals of speed, cost, and the nature of the domain names at issue). All said, this supports the complimentary preliminary view of this subteam that one possible recommendation for the full WG to consider would be some sort of checklist of minimum elements that should be included in URS determinations. Brian From: Gnso-rpm-documents [mailto:gnso-rpm-documents-bounces@icann.org] On Behalf Of Julie Hedlund Sent: Tuesday, June 05, 2018 6:04 PM To: gnso-rpm-documents(a)icann.org Subject: [Gnso-rpm-documents] URS Documents Sub Team Meeting on 13 June 17:00 UTC Dear all, Please note that per item 2b below a meeting will be scheduled on 13 June at 17:00 UTC for 90 minutes to review through data as identified by the Documents Sub Team where Rebecca's research may assist and additional data as completed by staff (to be sent early next week for the Sub Team review prior to the call). Kind regards, Mary, Ariel, Berry, and Julie From: gnso-rpm-wg <gnso-rpm-wg-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Tuesday, June 5, 2018 at 10:53 AM To: "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Subject: [gnso-rpm-wg] RPM Working Group June Schedule and Work Plan Dear RPM Working Group members, On behalf of the RPM Working Group (WG) Co-Chairs, here is a preview of the work anticipated for June relating to the various data collection exercises with additional details in the attached table: 1. Wednesday, 06 June: No Full Working Group meeting. Instead, the TMCH Data Sub Team will work with the Analysis Group on final questions for registries, registrars, trademark owners, registrants, and potential registrants. A second meeting is scheduled on 07 June if needed. * Analysis Group will preview the proposed final survey questions to the full WG by 13 June via mailing list * After pre-testing, Analysis Group launches surveys around 22 June on a rolling basis 1. Wednesday, 13 June: No Full Working Group meeting. Two URS Data Sub Teams will meet to review the research of Prof. Tushnet: * Providers Sub Team – 12:00 UTC * Documents Sub Team – 17:00 UTC * Both will consider how best to use the relevant URS data and will aim to present their recommendations to full WG on 20 June. * Practitioners Sub Team will receive the Practitioners survey results by 11 June – Staff will assist in setting up a time to meet, review and organize them 12 or 14 June. * Providers Sub Team should begin to review the Providers survey results on 13 June. 1. Wednesday, 20 June: Full Working Group meeting: Presentations by Providers and Documents Sub Teams about their recommendations for the use of relevant URS data from Prof. Tushnet’s compilation. 1. Panama City ICANN62: Face-to-Face Full WG Meetings (with remote participation): a. Wednesday, 27 June, 10:30 am-Noon (local time) – first RPM WG Meeting: URS Data discussion—Presentation from Practitioners Sub Team re: Survey Results b. Thursday, 28 June, 9:00-10:15 am (local time) – second RPM WG Meeting: URS Data discussion—Presentation from Providers Sub Team re: Survey Results c. Thursday, 28 June, 10:30 am-Noon (local time) – third RPM WG Meeting: Discussion on Procedural Issues Staff have scheduled the meetings with the TMCH Data Sub Team this week, and will be coordinating with the Providers, Practitioners, and Documents URS Sub Teams concerning meetings the week of 11 June. In addition, staff will send to the WG the links to the three ICANN62 sessions (which will include details for remote participation – we expect to be back with Adobe Connect again). Please let us know if you have any questions about these plans. Best regards, Mary, Ariel, Berry, and Julie World Intellectual Property Organization Disclaimer: This electronic message may contain privileged, confidential and copyright protected information. If you have received this e-mail by mistake, please immediately notify the sender and delete this e-mail and all its attachments. Please ensure all e-mail attachments are scanned for viruses prior to opening or using.

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Recordings, attendance & AC chat from RPM Sub Team for URS Documents call on Wednesday, 13 June 2018 at 17:00 UTC
by Michelle DeSmyter June 15, 2018

June 15, 2018

Dear all, Please find the attendance, AC Chat transcript and Mp3 attached to this email, and the Adobe Connect recording below for the RPM Sub Team for URS Documents call held Wednesday, 13 June 2018 at 17:00 UTC. Attendance and recordings of the call is posted on agenda wiki page: https://community.icann.org/x/2CwFBQ Adobe Connect recording: https://participate.icann.org/p656ukywd39/ The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar[gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_grou…> ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-rpm-documents/ Main wiki page for the working group: https://community.icann.org/x/zRW8B[community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_…> Thank you. Kind regards, Michelle

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