Hi Greg,

You raise a good point. I'm not sure we have explored the issues and concerns on both sides - the problems of having the TMCH Database closed or the problems that may arise from opening it up. We also have not spent much time on how the TMCH database came to be closed in the first place (according to materials put together by our WG staff, confidentiality was not part of the "design specs" of the GNSO Council or Board for the TMCH database).

Sounds like a fruitful area of future WG discussion!

Best, Kathy

On 3/28/2017 1:30 PM, Greg Shatan wrote:

Michael,

Do you have any solutions for the issues and concerns that have been mitigated by having the database be closed?

Thanks!

Greg

Greg Shatan
C: 917-816-6428
S: gsshatan
Phone-to-Skype: 646-845-9428
gregshatanipc@gmail.com

On Tue, Mar 28, 2017 at 12:21 PM, Michael Karanicolas <michael@law-democracy.org> wrote:

Hi all,

Just building on the discussion around transparency, after hearing the
conversation at ICANN 58 I drafted my own short note setting out my
thoughts on the issue, which I'm attaching here.

I want to be mindful of the conversation on inputs which is ongoing
now - so hopefully it isn't out of place or inappropriate to submit my
thoughts via this method.

I very much look forward to further discussions on this issue.

Best wishes,

Michael Karanicolas

On Tue, Mar 28, 2017 at 11:54 AM, Jeff Neuman <jeff.neuman@comlaude.com> wrote:
> Thanks Mary.
>
>
>
> Co-Chairs,
>
>
>
> Can I assume that with respect to the EFF letter, the only items we would be
> discussing from that letter at this point are their comments with respect to
> design marks and the transparency of the TMCH database?
>
> I am not saying the other comments are not important, but with respect to
> this Working Group at this time, we are not yet addressing those other
> issues.
>
>
>
> I would strongly urge that we not engage yet in the other discussion around
> the other comments at this point (namely, trademark rights in general), as I
> think that could lead us down a large rabbit hole and considerably slow down
> out work.
>
>
> Thanks.
>
>
>
> Jeffrey J. Neuman
>
> Senior Vice President |Valideus USA | Com Laude USA
>
> 1751 Pinnacle Drive, Suite 600
>
> Mclean, VA 22102, United States
>
> E: jeff.neuman@valideus.com or jeff.neuman@comlaude.com
>
> T: +1.703.635.7514
>
> M: +1.202.549.5079
>
> @Jintlaw
>
>
>
>
>
> From: gnso-rpm-wg-bounces@icann.org [mailto:gnso-rpm-wg-bounces@icann.org]
> On Behalf Of Mary Wong
> Sent: Tuesday, March 28, 2017 6:15 AM
> To: gnso-rpm-wg@icann.org
> Subject: [gnso-rpm-wg] FOR INFORMATION: Letter from trademark scholars and
> information on Deloitte Ancillary Services
>
>
>
> Dear all,
>
>
>
> During the ICANN58 Working Group sessions in Copenhagen, the following two
> matters came up for which staff is now following up with the requested
> document (for #1) and information (for #2).
>
>
>
> Item #1: Letter of 10 March 2017 from some trademark scholars and
> practitioners to our Working Group co-chairs expressing concerns with
> certain aspects of the TMCH:
> https://www.eff.org/files/2017/03/10/tm_scholars_letter_to_icann_final.pdf.
>
>
>
> Item #2: Question regarding the Ancillary Services that Deloitte is
> permitted to provide under its Validation Agreement with ICANN, subject to
> ICANN’s authorization.
>
>
>
> Currently, two Ancillary Services have been approved by ICANN:
>
> 1.       Extended Claims Services
>
> The extended claims services provide the Trademark Holder or Trademark
> Agent, as applicable, with an electronic notification when a domain name
> registered in an Eligible TLD matches one or more of such party’s recorded
> labels with the TMCH.  The extended claims services does not include a
> domain name pre-registration notification (i.e. a notification to the
> potential registrant of a domain name that the domain name such registrant
> intends to register matches a label recorded with the Trademark
> Clearinghouse).
>
>
>
> 2.       Audit Report
>
> Deloitte may offer an audit report service for Trademark Holders and
> Trademark Agents with active Trademark Records recorded in the Trademark
> Clearinghouse.  Such audit reports shall consist primarily of a listing of
> matches between their recorded labels within the Trademark Clearinghouse and
> domain names registered in an Eligible TLD.
>
>
>
> FYI, Deloitte’s contract with ICANN is for an initial period expiring on the
> fifth anniversary of ICANN’s entry into a Registry Agreement under the New
> gTLD Program, with consecutive one-year renewals thereafter. Although
> Deloitte currently serves as the sole TMCH validator, ICANN may appoint
> additional validators once ten Qualified Sunrise Periods have been completed
> under the New gTLD Program.
>
>
>
> Thanks and cheers
>
> Mary
>
>

> _______________________________________________
> gnso-rpm-wg mailing list
> gnso-rpm-wg@icann.org
> https://mm.icann.org/mailman/listinfo/gnso-rpm-wg

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