Personally I have yet to hear a valid reason for having the database closed: 1. All underlying trademarks are public record 2. All TMCH registrants have the right to secure the relevant domain names during sunrise (or simply freeze them per Donuts) 3. The TMCH has a notice provision should # 2 not be selected but the mark holder or the domain is an ³equal² to the TMCH entry 4. The URS exists 5. The UDRP exists 6. The Courts exist. The only concern I have heard is that cybersquatters may register the actual mark or around the mark. This is not a real issue: A. The mark holder can register B. The mark holder can exclude (via Donuts) C. The mark holder can issue a notice D. The mark holder can use the URS E. The mark holder can use the UDRP F. The mark holder can use the judicial system HOWEVER, on the flip side, we keep hearing about all of these TMCH entries that would cause your grandmother to roll in her grave. This COULD be perceived as an attempt by the mark holders to keep quiet about THEIR land grab based on claims that are entirely generic (JSCOTT sorry) and have no business being included in a preemptive preclusion that if used against our own personal interests would be deemed offensive. SHOW ME THE LIST (drain the swamp), however you want to say it. Get it out in the open. Look at it. If there is no issue then ignore it. The more you try to keep something hidden the more people want to see it distrusting the reasons for keeping it hidden in the first place. My 2C. Paul Keating From: <gnso-rpm-wg-bounces@icann.org> on behalf of Greg Shatan <gregshatanipc@gmail.com> Date: Tuesday, March 28, 2017 at 6:30 PM To: Michael Karanicolas <michael@law-democracy.org> Cc: "gnso-rpm-wg@icann.org" <gnso-rpm-wg@icann.org> Subject: Re: [gnso-rpm-wg] FOR INFORMATION: Letter from trademark scholars and information on Deloitte Ancillary Services
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 <mailto: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 <tel:%2B1.703.635.7514>
M: +1.202.549.5079 <tel:%2B1.202.549.5079>
@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 ICANN¹s 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 party¹s 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, Deloitte¹s contract with ICANN is for an initial period expiring on the fifth anniversary of ICANN¹s 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
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