April 2019 - Gnso-rpm-sunrise

[Discussion Thread] Sunrise Q5(a)
by Ariel Liang May 15, 2019

May 15, 2019

Dear Sunrise Sub Team members, As announced, this thread is being opened for final mailing list discussions related to Sunrise Agreed Charter Question 5(a). We ask that you review the Summary Table (as of 16 April 2019) and provide any additional input you may have to the “tentative answers & preliminary recommendations” in relation to the Agreed Charter Question. Unless the Sub Team Co-Chairs determine otherwise, this discussion thread will remain open until 23:59 UTC on 15 May 2019. Comments/input provided past the closing date or outside this discussion thread will not be taken into account when compiling the final Sub Team member input. Summary Table (Pages 24-26) The draft answers, preliminary recommendations, and links to the relevant individual proposals are in the latest Summary Table (as of 16 April 2019): https://community.icann.org/download/attachments/102138618/%5BSunrise%20Sum…. Agreed Sunrise Charter Question 5(a) (Pages 24) The Sub Team just discussed Agreed Charter Question 5(a) on 24 April 2019, hence the proposed answers are “TBD”. Based on the Sub Team’s discussions, the transcript and notes, staff will provide update via this discussion thread. Q5(a) Does the current 30-day minimum for a Sunrise Period serve its intended purpose, particularly in view of the fact that many Registry Operators actually ran a 60-day Sunrise Period? Proposed Answer: TBD Q5(a)(i) Are there any unintended results? Proposed Answer: TBD Q5(a)(ii) Does the ability of Registry Operators to expand their Sunrise Periods create uniformity concerns that should be addressed by this WG? Proposed Answer: TBD Q5(a)(iii) Are there any benefits observed when the Sunrise Period is extended beyond 30 days? Proposed Answer: TBD Q5(a)(iv) Are there any disadvantages? Proposed Answer: TBD Where to Find All Discussion Threads Access the Documents wiki page and find the opening messages of the all discussion threads in the table (highlighted in green): https://community.icann.org/x/_oIWBg Best Regards, Mary, Julie, Ariel

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[Discussion Thread] Sunrise Q4
by Ariel Liang May 15, 2019

May 15, 2019

Dear Sunrise Sub Team members, As announced, this thread is being opened for final mailing list discussions related to Sunrise Agreed Charter Question 4. We ask that you review the Summary Table (as of 16 April 2019) and provide any additional input you may have to the “tentative answers & preliminary recommendations” in relation to the Agreed Charter Question. Unless the Sub Team Co-Chairs determine otherwise, this discussion thread will remain open until 23:59 UTC on 15 May 2019. Comments/input provided past the closing date or outside this discussion thread will not be taken into account when compiling the final Sub Team member input. Summary Table (Pages 20-24) The draft answers, preliminary recommendations, and links to the relevant individual proposals are in the latest Summary Table (as of 16 April 2019): https://community.icann.org/download/attachments/102138618/%5BSunrise%20Sum…. Agreed Sunrise Charter Question 4 (Pages 20-21) The Sub Team discussed Agreed Charter Question 4 on 10 April 2019 but did not develop tentative answers or preliminary recommendations, hence the proposed answers are “TBD”. The Sub Team continued the discussion on 17 April 2019. Based on the Sub Team’s discussions, the transcript and notes, staff will provide update via this discussion thread. (a) Are Registry Operator Reserved Names practices unfairly limiting participation in Sunrise by trademark owners? Proposed Answer: TBD (b) Should Section 1.3.3 of Specification 1 of the Registry Agreement be modified to address these concerns? Proposed Answer: TBD (c) Should Registry Operators be required to publish their Reserved Names lists -- what Registry concerns would be raised by that publication, and what problem(s) would it solve? Proposed Answer: TBD (d) Should Registry Operators be required to provide trademark owners in the TMCH notice, and the opportunity to register, the domain name should the Registry Operator release it – what Registry concerns would be raised by this requirement? Proposed Answer: TBD Individual Proposal As noted by Kristine Dorrain, Individual Proposal #11 is more relevant to Sunrise Q3. Please discuss Individual Proposal #11 in the discussion thread for Sunrise Q3. Best Regards, Mary, Julie, Ariel

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[Sunrise] REMINDER: Agenda, Homework, Discussion Threads
by Ariel Liang April 30, 2019

April 30, 2019

Dear Sunrise Sub Team members, This is a gentle reminder for the various emails that staff sent following last week’s meeting, including 1) proposed agenda for this week’s call (02 May 18:00-19:30 UTC), 2) homework due before the call, 3) discussion threads. 1. Proposed Agenda & Homework: http://mm.icann.org/pipermail/gnso-rpm-sunrise/2019-April/000277.html 2. Discussion Threads: * Q1 (including Proposal #9): https://mm.icann.org/pipermail/gnso-rpm-sunrise/2019-April/000278.html * Q3 (including Proposals #10 & #11): https://mm.icann.org/pipermail/gnso-rpm-sunrise/2019-April/000270.html * Q4: https://mm.icann.org/pipermail/gnso-rpm-sunrise/2019-April/000271.html * Q5(a): https://mm.icann.org/pipermail/gnso-rpm-sunrise/2019-April/000279.html Thank you, Mary, Julie, Ariel

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Recordings, attendance & Zoom chat / Review of all Review of all Rights Protection Mechanisms (RPMs) Sunrise Data Review Sub Team call / Wednesday, 24 April 2019 18:00 UTC
by Julie Bisland April 25, 2019

April 25, 2019

Dear all, Please find the attendance and Zoom Chat attached to this email, and the MP3 & Zoom recording below for the Review of all Review of all Rights Protection Mechanisms (RPMs) Sunrise Data Review Sub Team call held Wednesday, 24 April 2019 at 18:00 UTC. Attendance and recording of the call is also posted on agenda wiki page: https://community.icann.org/x/VQR1Bg MP3: https://audio.icann.org/gnso/gnso-rpm-review-sunrise-24apr19-en.mp3 [audio.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__audio.icann.org_gnso_g…> Zoom Recording: https://icann.zoom.us/recording/play/SKtYTA56k-yf8n99LiZBHJ6jRp1SHxtvsC7LWI… The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar/2019 [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-sunrise/ Main wiki page for the working group: https://community.icann.org/x/KhGsAw Thank you. Kind Regards, Julie

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[Discussion Thread] Sunrise Q1
by Ariel Liang April 25, 2019

April 25, 2019

Dear Sunrise Sub Team members, As announced, this thread is being opened for final mailing list discussions related to Sunrise Agreed Charter Question 1, including Proposal #9. We ask that you review the Summary Table (as of 16 April 2019) and provide any additional input you may have to the “tentative answers & preliminary recommendations” in relation to the Agreed Charter Question, and consider draft answers to the following questions regarding the individual proposal: a. Should the Sub Team recommend that the full WG consider including this Individual Proposal in the Initial Report for the solicitation of public comment? b. In light of the Individual Proposal, are any modifications to the current “tentative answers & preliminary recommendations” needed? c. Should any additional Sub Team recommendations be made in relation to the agreed Sunrise charter question? Unless the Sub Team Co-Chairs determine otherwise, this discussion thread will remain open until 23:59 UTC on 15 May 2019. Comments/input provided past the closing date or outside this discussion thread will not be taken into account when compiling the final Sub Team member input. Summary Table (Pages 8-12) The draft answers, preliminary recommendations, and links to the relevant individual proposals are in the latest Summary Table (as of 16 April 2019): https://community.icann.org/download/attachments/102138618/%5BSunrise Summary Table%5D %2816 April 2019%29.pdf?version=1&modificationDate=1555515624235&api=v2 Agreed Sunrise Charter Question 1 (Page 8) Q1(a) Should the availability of Sunrise registrations only for identical matches be reviewed? Proposed Answer: The availability of Sunrise registrations only for identical matches should not be reviewed. Q1(b) If the matching process is expanded, how can Registrant free expression and fair use rights be protected and balanced against trademark rights? Proposed Answer: The matching process should not be expanded. Individual Proposals The Sub Team just discussed the Proposal #9 on 24 April 2019, hence there is no draft answer currently on the Summary Table (as of 16 April 2019). Based on the Sub Team’s discussions, the transcript and notes, staff will provide update via this discussion thread. Link to the individual proposal is included below. Proposal #9: https://community.icann.org/download/attachments/102146375/Proposal%239.pdf… Where to Find All Discussion Threads Access the Documents wiki page and find the opening messages of the all discussion threads in the table (highlighted in green): https://community.icann.org/x/_oIWBg Best Regards, Mary, Julie, Ariel

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[HOMEWORK] Due Thursday 2 May 18:00 UTC & Proposal Agenda
by Ariel Liang April 25, 2019

April 25, 2019

Dear Sunrise Sub Team members, Homework By the beginning of the Sunrise Sub Team meeting on Thursday, 2 May at 18:00 UTC (pending Sub Team’s agreement on the modified date/time due to 1 May ICANN office closing), the Sub Team is tasked to: 1. Continue providing input to Discussion Threads for Agreed Sunrise Charter Question 3 (including Proposals #10 & #11) and Question 4 2. Provide input to Discussion Threads for Agreed Sunrise Charter Question 1 (including Proposal #9) and Question 5(a) 3. Review Agreed Sunrise Charter Question 6, in conjunction with Proposals #2 & #4 4. Review Agreed Sunrise Charter Question 8 5. Review Agreed Sunrise Charter Question 9, in conjunction with Proposal #13 Proposed Agenda for Next Meeting Here is a proposed agenda for the meeting on Thursday, 2 May at 18:00 UTC (pending Sub Team’s agreement on the modified date/time due to 1 May ICANN office closing): 1. Review agenda/updates to Statements of Interest (SOIs) 2. Development of Preliminary Recommendations: * Continue discussion of agreed Sunrise Charter Question 6, in conjunction with Proposals #2 & #4 * Discuss agreed Sunrise Charter Question 8 * (if time permits) Discuss agreed Sunrise Charter Question 9, in conjunction with Proposal #13 3. AOB While the discussions of Questions 1 and 5(a) and review of Individual Proposal #9 have not been completed during the call this week, Sub Team members have been asked to provide any additional input via the discussion threads by 15 May 2019 (unless the Sub Team Co-Chairs determine otherwise). Resource Summary Table (as of 16 April 2019) contains draft answers, preliminary recommendations, and links to the relevant individual proposals in relation to the Agreed Charter Questions: https://community.icann.org/download/attachments/102138618/%5BSunrise%20Sum… * Q1: pp.8-12 * Q3: pp.15-20 * Q4: pp.20-24 * Q5(a): pp.24-26 * Q6: pp.29-32 * Q8: pp.34-36 * Q9: pp.36-40 Relevant to the Agreed Sunrise Charter Questions, multiple individual proposals were submitted. Staff analysis concluded the following Individual Proposals are more relevant to the Agreed Sunrise Charter Questions being reviewed by the Sub Team in the homework assignment: * Proposal #2 (Q6): https://community.icann.org/download/attachments/102146375/Proposal%232.pdf… * Proposal #4 (Q6): https://community.icann.org/download/attachments/102146375/Proposal%234.pdf… * Proposal #9 (Q1): https://community.icann.org/download/attachments/102146375/Proposal%239.pdf… * Proposals #10 (Q3): https://community.icann.org/download/attachments/102146375/Proposal%2310.pd… * Proposal #11 (Q3): https://community.icann.org/download/attachments/102146375/Proposal%2311.pd… * Proposal #13 (Q9): https://community.icann.org/download/attachments/102146375/Proposal%2313.pd… Documents Wiki Access the Documents wiki page and find the opening messages of all discussion threads, all versions of the summary table, and other working documents of the Sub Team: https://community.icann.org/x/_oIWBg Best Regards, Mary, Julie, Ariel

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Next Meeting 02 May 18:00 UTC re: Actions & Notes: RPM Sunrise Sub Team Meeting 24 April 1800 UTC
by Julie Hedlund April 24, 2019

April 24, 2019

Dear all, Per action item 1 below and based on the discussion on today’s call, it seems that there is general agreement that next week’s call can be rescheduled to Thursday, 02 May at 18:00 UTC for 90 minutes due to the holiday on 01 May. Unless we hear otherwise staff will ask the GNSO Secretariat to schedule the call accordingly. Best regards, Julie Julie Hedlund, Policy Director From: Gnso-rpm-sunrise <gnso-rpm-sunrise-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Wednesday, April 24, 2019 at 3:44 PM To: "gnso-rpm-sunrise(a)icann.org" <gnso-rpm-sunrise(a)icann.org> Subject: [Gnso-rpm-sunrise] Actions & Notes: RPM Sunrise Sub Team Meeting 24 April 1800 UTC Dear All, Please see below the action items and notes captured by staff from the RPM Sunrise Sub Team meeting held on 24 April 2019 (18:00-19:30 UTC). Staff will post them to the wiki space. Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/display/RARPMRIAGPWG/2019-04-24+Sub+Team+for+Su…. Best Regards, Julie Julie Hedlund, Policy Director == NOTES & ACTION ITEMS Action Items: 1. Staff will ask Sub Team members whether there are any objections to moving next week’s call to 02 May at 18:00 UTC. 2. Staff will start up discussion threads based on the call and in coordination with the Sub Team Co-Chairs. 3. Staff will update the summary table based on the transcript/recording from the meeting. 4. Sub Team members will review the homework assignments in preparation for the next meeting. Brief Notes: Question 1 -- Proposal 9 Discussion: -- Do have a sense of how often spanning the dot is a problem? It could severely restrict registry operators with forms of domain names. -- Don’t have hard numbers -- could be somewhere between an anomaly and limited. To the market it does apply it would add value. -- It seems to be dependent on the TLD. -- You end up in a situation where you are having to include extra letters that aren’t part of the trademark and this allows Sunrise to dead with this. -- TLDs are not responsible for the actions of TLDs that are not related to them. -- Don’t think we have the task of creating new rights. The suggestion creates a conflict between the owners of a potential shortened version of the TM. Cannot extend the rights of TM owners beyond what they have in the real world. -- Not sure there is sufficient data on this. -- Could we consider the proposal in Phase Two relating to UDRP? There is an enforcement mechanism to deal with it. Could fall into the same bucket as UDRP cases. -- From the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition “WIPO Jurisprudential Overview 3.0”: 1.11.3 Where the applicable TLD and the second-level portion of the domain name in combination contain the relevant trademark, panels may consider the domain name in its entirety for purposes of assessing confusing similarity (e.g., for a hypothetical TLD “.mark” and a mark “TRADEMARK”, the domain name <trade.mark> would be confusingly similar for UDRP standing purposes). Question 5(a): -- If you extend Sunrise to 1 year many small and medium registries will go out of business. -- Registry operators need to be at the point of collecting cash so those doing end-date Sunrise could do the marketing/collecting registrations before allocating registrations. -- The question is flawed because it doesn’t recognize that their are two types of Sunrise -- start date and end date. -- Allow registries to decide which one works best for them. -- Could we have a rule that if ICANN releases more than X number of new gTLDs then there is an option to add 30 days to the notification? -- Number of TLDs launched is not really an issue of the Sunrise length. Question 6: Proposals #2 and #4: -- Sub Team members should prepare for the discussion next week. -- Focus on the data.

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Actions & Notes: RPM Sunrise Sub Team Meeting 24 April 1800 UTC
by Julie Hedlund April 24, 2019

April 24, 2019

Dear All, Please see below the action items and notes captured by staff from the RPM Sunrise Sub Team meeting held on 24 April 2019 (18:00-19:30 UTC). Staff will post them to the wiki space. Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/display/RARPMRIAGPWG/2019-04-24+Sub+Team+for+Su…. Best Regards, Julie Julie Hedlund, Policy Director == NOTES & ACTION ITEMS Action Items: 1. Staff will ask Sub Team members whether there are any objections to moving next week’s call to 02 May at 18:00 UTC. 2. Staff will start up discussion threads based on the call and in coordination with the Sub Team Co-Chairs. 3. Staff will update the summary table based on the transcript/recording from the meeting. 4. Sub Team members will review the homework assignments in preparation for the next meeting. Brief Notes: Question 1 -- Proposal 9 Discussion: -- Do have a sense of how often spanning the dot is a problem? It could severely restrict registry operators with forms of domain names. -- Don’t have hard numbers -- could be somewhere between an anomaly and limited. To the market it does apply it would add value. -- It seems to be dependent on the TLD. -- You end up in a situation where you are having to include extra letters that aren’t part of the trademark and this allows Sunrise to dead with this. -- TLDs are not responsible for the actions of TLDs that are not related to them. -- Don’t think we have the task of creating new rights. The suggestion creates a conflict between the owners of a potential shortened version of the TM. Cannot extend the rights of TM owners beyond what they have in the real world. -- Not sure there is sufficient data on this. -- Could we consider the proposal in Phase Two relating to UDRP? There is an enforcement mechanism to deal with it. Could fall into the same bucket as UDRP cases. -- From the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition “WIPO Jurisprudential Overview 3.0”: 1.11.3 Where the applicable TLD and the second-level portion of the domain name in combination contain the relevant trademark, panels may consider the domain name in its entirety for purposes of assessing confusing similarity (e.g., for a hypothetical TLD “.mark” and a mark “TRADEMARK”, the domain name <trade.mark> would be confusingly similar for UDRP standing purposes). Question 5(a): -- If you extend Sunrise to 1 year many small and medium registries will go out of business. -- Registry operators need to be at the point of collecting cash so those doing end-date Sunrise could do the marketing/collecting registrations before allocating registrations. -- The question is flawed because it doesn’t recognize that their are two types of Sunrise -- start date and end date. -- Allow registries to decide which one works best for them. -- Could we have a rule that if ICANN releases more than X number of new gTLDs then there is an option to add 30 days to the notification? -- Number of TLDs launched is not really an issue of the Sunrise length. Question 6: Proposals #2 and #4: -- Sub Team members should prepare for the discussion next week. -- Focus on the data.

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REMINDER: Agenda, Homework, Discussion Threads
by Ariel Liang April 22, 2019

April 22, 2019

Dear Sunrise Sub Team members, This is a gentle reminder for the various emails that staff sent following last week’s meeting, including 1) proposed agenda for this week’s call (24 April 18:00-19:30 UTC), 2) homework due before the call, 3) discussion threads. 1. Proposed Agenda: https://mm.icann.org/pipermail/gnso-rpm-sunrise/2019-April/000272.html 2. Homework: https://mm.icann.org/pipermail/gnso-rpm-sunrise/2019-April/000269.html 3. Discussion Threads: * Q3 (including Proposals #10 & #11): https://mm.icann.org/pipermail/gnso-rpm-sunrise/2019-April/000270.html * Q4: https://mm.icann.org/pipermail/gnso-rpm-sunrise/2019-April/000271.html Thank you, Mary, Julie, Ariel

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Recordings, attendance & zoom chat / Review of all Review of all Rights Protection Mechanisms (RPMs) Sunrise Data Review Sub Team call on Wednesday, 17 April 2019 18:00 UTC
by Michelle DeSmyter April 18, 2019

April 18, 2019

Dear all, Please find the attendance and zoom Chat attached to this email, and the MP3 & zoom recording below for the Review of all Review of all Rights Protection Mechanisms (RPMs) Sunrise Data Review Sub Team call held Wednesday, 17 April 2019 at 18:00 UTC. Attendance and recording of the call is also posted on agenda wiki page: https://community.icann.org/x/PQB1Bg MP3: https://gnso.icann.org/sites/default/files/policy/2019/audio/gnso-rpm-sunri… Zoom Recording: https://icann.zoom.us/recording/share/Lb5r-RJhBjLaZlpYD2hWS6Ix9s31jMs-vjKY-… The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar/2019 [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-sunrise/ Main wiki page for the working group: https://community.icann.org/x/KhGsAw Thank you. Kind Regards, Julie Dear all, Please find the attendance and AC Chat attached to this email, and the MP3 & AC recording below for the Review of all Review of all Rights Protection Mechanisms (RPMs) Sunrise Data Review Sub Team call held Wednesday, 16 January 2019 at 18:00 UTC. Attendance and recording of the call is also posted on agenda wiki page: https://community.icann.org/x/iwj_BQ MP3: AC Recording: https://participate.icann.org/p3z7gcyxjy4/<https://participate.icann.org/p3z7gcyxjy4/?OWASP_CSRFTOKEN=11b94b5d9e476fe9…> The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar/2019 [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-sunrise/ Main wiki page for the working group: https://community.icann.org/x/KhGsAw Thank you. Kind Regards, Julie

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