Kathy,

 

I appreciate you circulating this.  To be clear, I had suggested removing “similar” from Section A and B and that standing should require an exact match.  I see that this concept was included, thank you.  I have a brief due in a TTAB case today and have not had a chance to review or provide input on Section C.

 

John

 

 

 

From: Kathy Kleiman <kathy@kathykleiman.com>
Sent: Wednesday, June 12, 2019 10:10 AM
To: gnso-rpm-sunrise@icann.org; John McElwaine <john.mcelwaine@nelsonmullins.com>
Subject: Homework - and language

 

◄External Email► - From: kathy@kathykleiman.com

 

Hi All,  I would like to share language that John McElwaine and I have worked on for Q6.  It contains some important revisions suggested by John. 

Best, Kathy

-----------------------

The following three criteria should be allowed for submission to the Trademark Clearinghouse of a request for the data of a single, specific mark: 

  A. A party associated with a business, organization or individual having the same name to the domain name registered during the Sunrise Period,"

B. An association or organization representing its members or affiliates which include the business, organization or individual with the same name [e.g., CTIA, INTA, etc], or

       C. Someone with strong proof of violations of Sunrise Service rules during Sunrise registrations, including violations of Applicant Guidebook rules and requirements [proof which is shown to the Trademark Clearinghouse].*

The submission shall state the TMCH mark in question, the registered domain name involved, and a good faith reason why the domain name may not have been entitled to registration during the Sunrise Period.

The TMCH will then provide the mark's (or marks') recordals including: country of registration, registration number, registration date, TM owner, description of goods and services, or other basis of the mark(s) being registered in the TMCH, including protected by statute or treaty/country.

 The TMCH will provide this information within a short period of time (e.g., 3 business days) to allow the filer to proceed forward with a Sunrise Challenge if warranted (as this is a tight timeline).

* See e.g, Applicant Guidebook, Appendices to Module 5, Trademark Clearinghouse, 30 May 2011,p.8, Section 6.2, Sunrise service, 6.2.4(iv) “the trademark registration on which the domain name registrant based its Sunrise registration did not issue on or before the effective date of the Registry Agreement and was not applied for on or before ICANN announced the applications received.” [emphasis added]

 

On 6/7/2019 5:03 PM, Ariel Liang wrote:

Dear Sunrise Sub Team members,

 

1. Homework

The Sunrise Sub Team is tasked to review the updated Status Check document (see details in “Resource”) by focusing on the draft text for:

 

2. Proposed Agenda for Next Meeting

Here is a proposed agenda for the meeting on Wednesday, 12 June at 18:00 UTC:

  1. Review agenda/updates to Statements of Interest (SOIs)
  2. Review workplan/timeline
  3. Discuss proposed answers and preliminary recommendations for the remaining agreed charter questions (tackle as many as possible): 
  1. Q6 (finish discussing proposed ideas for preliminary recommendations)
  2. Q7
  3. Q8
  4. Q9
  5. Q10
  6. Q11
  7. Q12
  8. Preamble Q
  9. Q5(b)
  1. AOB

 

3. Resource

Status Check (as of 07 June 2019): https://community.icann.org/download/attachments/102138618/%5BSunrise%20Status%20Check%5D%2007%20June%202019.pdf?version=1&modificationDate=1559936206955&api=v2

Compared to the 24 May 2019 version, this updated version has the following changes:

 

Summary Table (as of 24 May 2019): https://community.icann.org/download/attachments/102138618/ST%20Copy%20-%20%5BSunrise%20Summary%20Table%5D%20%2824%20May%202019%29.pdf?version=1&modificationDate=1558729628694&api=v2

 

Google Doc for Sunrise Q8/Q12 (created by Kristine D and Maxim A as of 22 May 2019): https://docs.google.com/document/d/1Y-ld2R-JNL1Ra9KPKpTjLGjaZvjrIFDscsuMMic_OO4/edit?usp=sharing  Two Sub Team members created this Google Doc to facilitate the discussion for Q8/Q12 and review of preliminary recommendations and proposed questions for community input.

 

Individual Proposals:

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:

 

4. 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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