Hi all,
Staff - thanks for this updated text. I would suggest the following further revisions to the second proposed context paragraph, which I intend as clarifying edits rather than to materially alter the substance:
To assist the IRT
which that
will be formed to implement recommendations adopted by the Board from this PDP, the Working Group tried to reach agreement
over on some possible types of specific Registry conduct that could have the effect of
intentionally circumventing trademark owners’ use of the Sunrise Period within the meaning of the Registry Agreement provision envisioned in this Recommendation,
so
as to trigger enforcement action by
the contractual compliance department of
ICANN org
should the Registry Agreement contain a prohibition on such conduct. As part of its discussion,
the Working Group noted that several public comments to the Initial Report had raised the following examples as non-exhaustive illustrations of such conduct (some of which had
also been raised by Working Group members):
·
Withholding or self-allocating domains
names that correspond to trademarks recorded in the TMCH with the intent of circumventing the use of the Sunrise Period by trademark owners;
·
Discriminatory pricing practices clearly designed to
leverage effectively prevent the
need for
reasonable ability of trademark owners to obtain
defensive Sunrise registrations
by trademark owners for their marks recorded in the TMCH. In this context, “discriminatory
pricing practices” could include extremely high pricing during the Sunrise Period of the domains
names
that correspond to trademarks recorded in the TMCH followed by significantly lower prices for the same domain
names during Landrush or General Availability, such as to evidence an intent to targeting trademark owners either specifically, or as a general class of registrants,
for the purpose of inhibiting access to
Sunrise registrations.
The other edits in the Context section
read well to me.
Ultimately, I would have preferred that
the above text be included as Implementation Guidance to the Recommendation itself rather as mere context, but in the spirit of compromise and noting the concerns others have raised on this matter, can accept its relocation to Context.
Hope the suggested revisions are nonetheless
helpful.
Best regards,
Griffin
|
|
Griffin M. Barnett Associate Winterfeldt IP Group 1601 K Street NW, Ste 1050 +1 202 759 5836 |
From: GNSO-RPM-WG [mailto:gnso-rpm-wg-bounces@icann.org]
On Behalf Of Ariel Liang
Sent: Tuesday, October 6, 2020 1:27 PM
To: gnso-rpm-wg@icann.org
Subject: [GNSO-RPM-WG] Update: Sunrise Rec 2 - Input by Thursday 8 Oct 16:00 UTC
Dear WG members,
Please find the updated version of Sunrise Recommendation #2 in this google doc here: https://docs.google.com/document/d/1SmXWvS9M4TAtQ3gC3o4j9-jHaw3uIlWR_2D3lV2vvTU/edit?usp=sharing.
This update seeks to incorporate the input provided by WG members on the mailing list and during today’s meeting.
Please note that amendments already agreed by the WG today have been accepted. The current redline edits specifically reflect the following:
- Move the great majority of the Implementation Guidance text into the “context” section (shown in redline).
- Universal change to replace the term “trademark-corresponding domains” with “domains that correspond to trademarks recorded in the TMCH”.
- Clarification of the WG discussion about the question regarding whether any *additional* enforcement mechanism to supplement enforcement actions taken by ICANN Compliance (see redline
edits in the final paragraph under “Context”).
- Other editorial changes suggested by David McAuley on list last Friday.
Please provide your input/suggestion on the mailing list by 16:00 UTC on
Thursday, 8 October. The updated language, incorporating any further input from the WG, is expected to be finalized on the coming Thursday.
Thank you,
Mary, Julie, Ariel