Several initial comments: 1. The UDRP routinely takes 60 days or longer from start to finish. 1. Why is 60 days too long to keep an important (and available) domain name from the public? On what basis are you determining that each of these domain names so important and why is the public harmed by waiting a little longer for any one domain name out of billions of domain names? Do you have any studies or research showing such harm? 1. If returning appropriate domain names to the pool of domain names in New gTLDs is a) policy and b) good for Registries, Registrars, Registrants, and ultimately the end users who will use their websites, emails, listservs+, then why are registrars now permitted to interrupt this process by taking over domain names as they expire and monetizing them or selling them at auction instead of following the expiration as set forth in the Expired Domain Deletion Policy? If returning appropriate domain names to the pool of domain names is required by policy and is so important for Registries, Registrars, Registrants, and ultimately the end users (which I agree that it is) then I would suggest that you focus your efforts on this currently existing issue so that it aligns with what you say should be required in the next round of new gTLDs Best regards, Marc H. Trachtenberg Shareholder Chair, Internet, Domain Name, e-Commerce and Social Media Practice Greenberg Traurig, LLP [cid:image001.png@01DC69A5.B3578550] trac@gtlaw.com<mailto:trachtenbergm@gtlaw.com> | www.gtlaw.com<http://www.gtlaw.com/> | View GT Biography <https://www.gtlaw.com/en/professionals/t/trachtenberg-marc-h> [Greenberg Traurig Logo] [Greenberg Traurig Logo] From: Kathy Kleiman via SubPro-IRT <subpro-irt@icann.org> Sent: Tuesday, December 9, 2025 4:57 PM To: subpro-irt@icann.org; Lars Hoffmann <lars.hoffmann@icann.org> Subject: [SubPro-IRT] Re: [Ext] Question - TMCH *EXTERNAL TO GT* [cid:image004.png@01DC69A5.B3578550] All, I see three problems with the revisions to 2.3.7 re: Sunrise Registration -- and additions and deletions in (B) make it inconsistent with the language written by the STI, and the review and recommendations of the RPM PDP WG – Phase 1: 1) 60 days is a too long time to allow for a TMCH DRP -- far longer than UDRP and URS response times involving much more difficult responses. I'm sure the TMCH can determine whether a challenged Trademark Record is invalid in a much shorter time – most TM records are online -- and 60 days is too long to keep an important (and available) domain name from the public. [2.3.7 (B)] 2) After the conclusion of a challenge by the TM Holder or TM agent, it appears that everything can linger for 60 days. By the wording, even if the TMCH DRP is concluded or the Sunrise Registration is deemed invalid, whichever path is taken, this section sounds like everyone can wait around a long time and eventually delete the Sunrise Registration. But this is the Internet, and we work quickly. The invalid Sunrise Registration must, of course, be deleted immediately after the challenge is concluded because we’re headed into General Availability and the domain name must be available to the public for registration. [2.3.7 (B)] 3) Which leads us to the surprising deletion at the end of the section: “and return the domain name to the pool of available names available for registration. A Registry Operator may, through the Registry-Registrar Agreement its agreement with registrars, instead require the registrar to perform this implementation step.” This sentence is the whole purpose the section – to return the domain name to the available pool and allow it to be registered by someone who needs and can use it. Sunrise gives TMCH registrants a first right to register in the Sunrise Period, but not a wholesale removal of the domain name from registration. Of course, domain names, if invalidly registered during the Sunrise Period must be returned to the pool of available names – that’s a key element of the fairness and balance of the TMCH and Sunrise Registration processes; they are limited for a reason. Returning appropriate domain names to the pool of domain names in New gTLDs is a) policy and b) good for Registries, Registrars, Registrants, and ultimately the end users who will use their websites, emails, listservs+. This final sentence is absolutely key to achieving the goals and intents of the RPM PDP WG; to change it is to change policy. (However, if I have misunderstood or misread this deletion, please clarify for me and for all.) `v Best, Kathy On 12/9/2025 1:19 PM, Lars Hoffmann via SubPro-IRT wrote: Adding the IRT mailing list. Thank you, Kathy. Here is the link to the document: https://docs.google.com/document/d/1rDcaY1nPkfwcHpuhI74OY13rp5g99iI2/edit<https://urldefense.com/v3/__https:/docs.google.com/document/d/1rDcaY1nPkfwcHpuhI74OY13rp5g99iI2/edit__;!!DUT_TFPxUQ!DYuunvFwjcX2EEu-fS7KAsS8xGAI1naSkM1pF6yni1aEvDR2XnG_SMemRF29v24AwKES_5h0e_LoEk123q2vMVw$> Best wishes. Lars From: Kathy Kleiman <Kathy@KathyKleiman.com><mailto:Kathy@KathyKleiman.com> Date: Tuesday, 9 December 2025 at 10:09 To: Lars Hoffmann <lars.hoffmann@icann.org><mailto:lars.hoffmann@icann.org> Subject: [Ext] Question - TMCH Hi Lars, I think we are on a deadline today for TMCH changes/review. Is that right? Could you kindly point me to the right email or date to review it? I've been on a long bit of travel for a workshop and speaking. Best and tx, Kathy On 12/9/2025 11:53 AM, Lars Hoffmann via SubPro-IRT wrote: Dear IRT members, For Thursday’s call (11 December, 10:00 UTC), we have the following agenda items 1. Welcome and SOI 2. Surplus/Deficit Discussion (see attached paper) 3. AGB Updates 4. AOB Attached you find a paper outlining ICANN’s approach to the surplus/deficit issue. Feel free to review before the call and share any thoughts, questions etc. on-list. Please note, as mentioned today’s call, the Name Collision procedures will now be covered on a yet-to-be-scheduled call on Tuesday 16 December 2025. 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