Dear All, Please find the attendance, MP3 recording and Adobe Connect chat below for the Review of all Rights Protection Mechanisms (RPMs) TMCH Sub Team call held on Friday, 26 August 2016 at 15:00 UTC. MP3: http://audio.icann.org/gnso/gnso-rpm-tmch-26aug16-en.mp3 <http://audio.icann.org/gnso/gnso-rpm-tmch-26aug16-en.mp3> <http://audio.icann.org/gnso/gnso-rpm-tmch-19aug16-en.mp3> <http://audio.icann.org/gnso/gnso-rpm-tmch-05aug16-en.mp3> The recordings and transcriptions of the calls are posted on the Sub Team wiki page: https://community.icann.org/x/JBCsAw Attendees RPM TMCH Sub Team: Jeff Neuman Kathy Kleiman Kristine Dorrain Marina Lewis Philip Corwin Robin Gross Susan Payne Vaibhav Aggarwal Apologies: Grace Mutung’u Kurt Pritz ICANN staff: Berry Cobb David Tait Michelle DeSmyter ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-rpm-tmch/ Main RPM Wiki page: https://community.icann.org/x/rhiOAw Sub Team Wiki page: https://community.icann.org/x/JBCsAw Thank you. Kind regards, Michelle DeSmyter ------------------------------- Adobe Connect chat transcript for 26 August 2016: Michelle DeSmyter:Dear All, Welcome to the RPM TMCH Sub team Meeting on Friday, 26 August 2016 at 15:00 UTC. VaibhavAggarwal:Hey Michelle Michelle DeSmyter:Hi there Vaibhav! Welcome and Happy Friday! :) VaibhavAggarwal:R U there ? Michelle DeSmyter:hi Michelle DeSmyter:yes Michelle DeSmyter:I am not able to hear you VaibhavAggarwal:@Kathy :-) Kristine Dorrain - Amazon Registry:Hi everyone susan payne:hi all Marina Lewis:happy Friday everyone! Kathy:Hi Vaibhav, Hi All! VaibhavAggarwal::-) Kristine Dorrain - Amazon Registry:yes, I can hear you. I'm thinking. :) Kathy:+1 Kristine susan payne:here is a link to CCTRT page which is relevant: https://www.icann.org/resources/pages/cct-metrics-rpm-2016-06-27-en#2.8 susan payne:it looks as though they have not found any data on Blocks Kathy:David: can we add three links for the Donuts DPML to our materials list - for us and for the WG Kathy:1) FAQ - http://www.donuts.domains/services/dpml/dpml-faqs Berry Cobb:While similar, but perhaps different, Rightside also offers DPML. http://rightside.co/registry/dpml/ Kathy:2) Overview - http://www.donuts.domains/services/dpml/dpml-overview Kathy:3) Main webpage on this issue, including video - http://www.donuts.domains/services/dpml Berry Cobb:and it looks like Minds & Machines has a version as well. http://mm-registry.com/mpml-faq/ Kristine Dorrain - Amazon Registry:QUESTION for the list: Did the various DPML services drive users to the TMCH? susan payne:@Kristine - I know it's only anecdotal data, but Com Laude certainly had clients where that was the case Jeff Neuman:A question I have (though not sure if we can get this information) is how many entities have DPML registrations, but NOT any Sunrise Registrations. To me that would show that the DPML caused people to enter their marks in the TMCH just for purposes of the DPML. In other words they may not have entered their marks into the TMCH if it wasnt required for the DPML. Jeff Neuman:@Kathy - I dont understand the comment on the chilling effect? Jeff Neuman:Can you repeat that? susan payne:I think if we talk about what was carefully crafted it also included the GPML susan payne:and agree with Jeff - no one has any data about a chilling effect Kathy:Inciteful comments, tx you Vaibhav VaibhavAggarwal::-) susan payne:hi Vaibhav - I think that is a point for discussion by the wider WG as we move onto the work on the TMCH, as opposed to what data can we gather for the purposes of that work. Is that correct? VaibhavAggarwal:Not Really VaibhavAggarwal:If we dig in a Little Deeper, the MAths will tell us that so far it has been one way activity VaibhavAggarwal:with TMCH and DPML - They controll it. VaibhavAggarwal:For e.g. Japan.com or India.com is not reserved with Verisign - Isnt that soveriegn Properties of the Countries, similarly in the NGTLDs reservation shud be there susan payne:taken hand down - Jeff has said it Jeff Neuman:I disagree...a blocking service was not really discussed by the STI Jeff Neuman:A famous marks list was discussed and rejected Jeff Neuman:But we did not REJECT a universal blocking service Kathy:Do we have any questions for Donuts yet? Kristine Dorrain - Amazon Registry:Kathy, I think the question list on the right is sort of a working list that we will cull from/add to David Tait:Kathy, just to concur with Kristine I've been compiling a list of questions in the notes pod Kristine Dorrain - Amazon Registry:+1 Jeff VaibhavAggarwal:So In My opinion, TMCH shud run like a Registrar where Registrants can reachout to TMCH directly Just like Icann nGTLD application w/o Middle Man - this will make the Service More Accessible VaibhavAggarwal:and Acceptable and competitive Kristine Dorrain - Amazon Registry:Vaibhav: what would a registrant do with the TMCH? VaibhavAggarwal:Get the Clearence Certificate - G to any registry and register the domain name Kristine Dorrain - Amazon Registry:rightside is DPML also: susan payne:can't we just call it a Block list rather than creating a new acronym which we then have to explain Jeff Neuman:In Sydney (and I was on the panel) there was a rejection of the IRT's Famous Marks List Kristine Dorrain - Amazon Registry:Domains Protected Marks List Kristine Dorrain - Amazon Registry:Kathy, I'm concerned about analyzing the quality of TMs in the TMCH...is that within our scope (I don't have the WG Scope doc in front of me) Jeff Neuman:One more question: I know that Donuts has applied for a patent with respect to the DPML. We should make sure that is noted. If we were to recommend that going forward, this could have broad implications Berry Cobb:Looks like Rightside owns a Service Mark for DPML: http://tsdr.uspto.gov/#caseNumber=85933407&caseType=SERIAL_NO&searchType=sta... Jeff Neuman:@Berry, that is important to note as well, but the patent is a much bigger issue Kathy:@Kristine, I am seeing Donuts referring to it post ways... with its name and without. Recommend a more general term for our general use... Berry Cobb:@ Jeff, looks like Donuts - http://domainnamewire.com/wp-content/dpml-patent.pdf Philip Corwin:Thx for that clarification Jeff, that STI rejected famous marks list, not concept of a blocking list. Noting that Kathy's memory differs somewhat. Kathy:Agreed, Susan! Philip Corwin:Patent is worrisome, especuially if granted. Kathy:Memory definitely differs :-) susan payne:@Kristine - yes, I think that is what I meant but you have expressed it much better! Kristine Dorrain - Amazon Registry:Tangential question: Are there other services that trigger off the TMCH? VaibhavAggarwal:And patents most often are Regional in Nature VaibhavAggarwal:Geographic Kristine Dorrain - Amazon Registry:@ Vaibhav, back to our little sidebar above...what is a "clearance certificate" are you suggesting a new thing? Also, a registrant won't interact with the TMCH because it's for brandowners to input marks and then for registrars to query. I'm still a little confused. susan payne:no, that isn't data VaibhavAggarwal::-) Kristine Dorrain - Amazon Registry:Kathy, I don't think we want registrars to speculate as to why people are turning back. We might want to rephrase that as "can you provide customer service complaints about confusion/concern with the claims notices"? VaibhavAggarwal:May b not complaints but Queries ? Jeff Neuman:Were disgn marks allowed? VaibhavAggarwal:Excellent Q - @Jeff - So Data Gathering for How Many Desgn Marks have been processed ? susan payne:Kathy your design mark answer is in the TMCH guidelines VaibhavAggarwal:I see that the Data is not gathered as yet as to undert what category, which ones - this will allow us to understand other related Qs Kathy:@Kristine, I like your question and support it. But I think there is more to capture here. For example, there is work of the Registries with the Registrants on anchor tenants, etc. Kathy:So I think there may be more input from Counsel and others at the Registry Kristine Dorrain - Amazon Registry:I'm unfamiliar with the term "anchor tenants" can you explain? Kathy:Registrants recruited by the registry to help launch a new gtld. Kathy:David, for Registrars too, please: Why do you think so many registrants are turning back when they receive TM Claims notices? Jeff Neuman:I would like some more time to wordsmith some of these questions. Kristine Dorrain - Amazon Registry:oh, ok, thanks. :) Kristine Dorrain - Amazon Registry:Yes, for sure, we need to wordsmith, etc. Jeff Neuman:Do we have the Sunrise numbers broken down by registry? Kathy:TMCH is not automated. Kathy:It is not automatically tied to the USPTO, or any PTO, if that is your question, Vaibhav. VaibhavAggarwal:I mean Registrars is already helping in the processing the TMCH apps susan payne:i think some of the points captured on the right under Donuts may generate Qs for Regisrties generally - not sure, that is the case but I think they might trigger other questions VaibhavAggarwal:Right so can v recomend if this wud work VaibhavAggarwal:like the CAs are tied to the WHOIS RDS Kristine Dorrain - Amazon Registry:Vaibhav: Registrars do not participate in processing TMCH applications. I'm not sure what you're asking... Kathy:@David: for Providers: a separate question for TM Owners, and a separate one for DN Registrants: how much time and resources did you spend educating [TM Owners][Registrants] on TMCH, etc.... and then the follow-up question you have noted: in what regions and languages VaibhavAggarwal:@Kristine tey are the Front for the Regsitrant Kathy:Hi All, I have to run. Tx for a great call - have a good weekend! VaibhavAggarwal:You too Kathy VaibhavAggarwal:One Min PLz VaibhavAggarwal:David VaibhavAggarwal:TM-Selection - the world-wide trademark catalogue VaibhavAggarwal:http://www.tm-selection.com<http://www.tm-selection.com/> Kristine Dorrain - Amazon Registry:Are you making a suggestion? VaibhavAggarwal:Yes VaibhavAggarwal:We shud Study This VaibhavAggarwal::-) VaibhavAggarwal:Thanks Kristine Dorrain - Amazon Registry:I'd welcome a specific suggestion about what to study - what do you think is valuable or distinctive about this? Jeff Neuman:I am always a little reluctant to use third party sites for which we have no information about their reputation, methods, etc. Kristine Dorrain - Amazon Registry:Yes, I would want some focus before I looked at it. Kristine Dorrain - Amazon Registry:Thanks David. susan payne:thanks Philip Corwin:Bye all/enjoy the weekend David Tait:Thanks! VaibhavAggarwal:Thanks ciao