User-Agent: Microsoft-MacOutlook/10.d.0.180513 Date: Thu, 23 Aug 2018 13:45:23 -0400 Subject: Staff's Review of Notice of Complaint & Providers' Forms & Instructions From: Ariel Liang To: "gnso-rpm-providers@icann.org" Message-ID: Thread-Topic: Staff's Review of Notice of Complaint & Providers' Forms & Instructions Content-Type: multipart/alternative; boundary="B_3618394545_160290811" MIME-Version: 1.0 --B_3618394545_160290811 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Dear Providers Sub Team members,=20 =20 Per Action Item 4: Staff to review the Notice of Complaint and Providers=E2=80=99= forms and instructions to assist the Sub Team to consider proposed suggesti= ons, if any.=20 =20 Staff reviewed all the requested materials and found:=20 Notice of Complaint: While ADNDRC didn=E2=80=99t provide the requested document, = it seems that FORUM and MFSD have provided quite thorough instruction to the= Respondent about the steps and what to expect in the URS proceedings.=20 Complaint/Response/Appeal forms: Providers vary in terms of the amount of g= uidance they provide to the URS Parties. E.g., FORUM provides PowerPoint Dem= o with step-by-step instructions; MFSD references specific URS Rules/Proced= ure & Supplemental Rules in detail; ADNDRC seems to only provide simple form= s. =20 Please see the notes below for details.=20 =20 Before the review of those materials, Providers Sub Team proposed the follo= wing draft recommendations for the WG=E2=80=99s consideration:=20 WG to discuss whether to recommend ICANN to develop an easy-to-understand, = multilingual, and linkable guidance (e.g. basic FAQs) for both URS parties=20 WG to discuss whether Providers should develop additional materials specifi= c to their service, practice, website, etc.=20 =20 QUESTION: Does the Sub Team believe any of those draft recommendations need= to be amended? =20 Staff have included the links to materials in case you would like to refere= nce on your own.=20 =20 Thank you, Mary, Julie, Ariel & Berry=20 =20 =3D=3D Detailed Findings =20 Notice of Complaint=20 ADNDRC didn=E2=80=99t provide the Notice of Complaint but provided an email they = send to the Complainant to acknowledge receipt of the Complaint FORUM and MFSD seem to provide thorough instruction to the Respondent about= the steps, timelines, fees, potential outcomes, and other details of the UR= S proceedings. They also provided the contact information if the Respondent= needs assistance. Links to the URS Rules, procedure, and Supplemental Rules= are included in the Notice of Complaint.=20 =20 Complaint Form=20 ADNDRC: A simple form, no additional instruction on the form itself for the= Complainant; didn=E2=80=99t ask for fax number from the Complainant and the Respo= ndent (it is required in the URS Rule 3b) FORUM: Includes a PowerPoint Demo for the Complainant about how to file a C= omplaint using their online portal, with step-by-step instructions and refer= ences to specific URS Rules/Procedure MFSD: A Standard form but includes detailed references to specific URS Rule= s/Procedure and MFSD Supplemental Rules=20 All three Providers: Ask the Complainant to provide supporting documentatio= n regarding the TM registration and proof of use =20 Response Form=20 ADNDRC: A simple form, no additional instruction on the form itself for the= Respondent; the handwritten notes on page 3-4 are a little bit confusing, a= nd also there is text being crossed out FORUM: Includes a PowerPoint Demo for the Respondent about how to file a Re= sponse using their online portal, with step-by-step instructions and referen= ces to specific URS Procedure MFSD: A Standard form but includes detailed references to specific URS Rule= s/Procedure and MFSD Supplemental Rules =20 Appeal Form=20 ADNDRC: A simple form, no additional instruction on the form itself for the= Appellant/Appellee FORUM: Includes a PowerPoint Demo for the Appellant and the Appellee about = how to file an Appeal/Appeal Response using their online portal, with step-b= y-step instructions and references to specific URS Procedure MFSD: A Standard form but includes detailed references to specific URS Rule= s/Procedure and MFSD Supplemental Rules =20 Requested Materials=20 ADNDRC:=20 ADNDRC Complaint Form ADNDRC Response Form ADNDRC Appeal Form ADNDRC Notice of Complaint =20 FORUM:=20 FORUM Complaint Form FORUM Response Form FORUM Appeal Form FORUM Notice of Complaint =20 MFSD:=20 MFSD Complaint Form MFSD Response Form MFSD Appeal Form MFSD Notice of Complaint =20 --B_3618394545_160290811 Content-Type: text/html; charset="UTF-8" Content-Transfer-Encoding: quoted-printable

Dear Providers Sub Team members,

 

Per Action Item 4: Staff to review the Notice of = Complaint and Providers=E2=80=99 forms and instructions to assist the Sub T= eam to consider proposed suggestions, if any.

 

Staff reviewed all the requested materials and found= :

  • Notice of Complaint: While ADNDRC didn=E2=80=99t provide the r= equested document, it seems that FORUM and MFSD have provided quite thoroug= h instruction to the Respondent about the steps and what to expect in the URS proceedings.
  • Compla= int/Response/Appeal forms: Providers vary in terms of the amount of gui= dance they provide to the URS Parties. E.g., FORUM provides PowerPoint Demo= with step-by-step instructions; MFSD references specific URS Rules/Procedure & Supplemental Rules in d= etail; ADNDRC seems to only provide simple forms.

 

Please see the notes below for details. <= /p>

 

Before the review of those materials, Providers Sub = Team proposed the following draft recommendations for the WG=E2=80=99s cons= ideration:

  1. WG to discuss whether to recommend ICANN to develop an easy-to-understand, = multilingual, and linkable guidance (e.g. basic FAQs) for both URS parties
  2. WG to discuss whether Providers should develop additional materials specifi= c to their service, practice, website, etc.

 

QUESTION: Does the Sub Team believe= any of those draft recommendations need to be amended?

 

Staff have included the links to materials in case y= ou would like to reference on your own.

 

Thank you,

Mary, Julie, Ariel & Berry

 

=3D=3D

Detailed Findings

 

Notice of Complaint

  • ADNDRC didn=E2=80=99t provide the Notice of Complaint but provided an= email they send to the Complainant to acknowledge receipt of the Complaint=
  • FORUM and MFSD seem to provide thorough instruction t= o the Respondent about the steps, timelines, fees, potential outcomes, and = other details of the URS proceedings. They also provided the contact information if the Respondent needs assistance. Links to the U= RS Rules, procedure, and Supplemental Rules are included in the Notice of C= omplaint.

 

Complaint Form

  • ADNDRC: A simple form, no additional instruction on the form itself f= or the Complainant; didn=E2=80=99t ask for fax number from the Complainant = and the Respondent (it is required in the URS Rule 3b)
  • FORUM: Includes a PowerPoint Demo for the Co= mplainant about how to file a Complaint using their online portal, with ste= p-by-step instructions and references to specific URS Rules/Procedure<= /o:p>
  • MFSD: A Standard form but includes detailed references to s= pecific URS Rules/Procedure and MFSD Supplemental Rules
  • All three Providers: Ask the Complainant to provide s= upporting documentation regarding the TM registration and proof of use=

 

Response Form

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