Two initial questions re Spec 13:

 

  1. Section 9.3(i)(a) requires that for a .BRAND, the applicant must have a registered trademark that “is recorded with, and issued a signed data mark file by, the Trademark Clearinghouse or any successor or alternative trademark validation authority appointed by ICANN.”  If the trademark registration is already validated then why does the applicant  also have to provide ICANN with an accurate and complete copy of the trademark registration pursuant to Section 9.3(iii)?  His seems redundant and to make the registration with the TMCH meaningless.

 

  1. Section 9.5 defines “Trademark Licensee” as “any corporation, partnership, limited liability company or similar legal entity (and not a person) that has a written trademark license agreement with Registry Operator or its Affiliate, for use of the registered trademark owned by Registry Operator or its Affiliate, the textual elements of which correspond exactly to the .Brand TLD string operated by Registry Operator…”.  Why should individuals be excluded?  I am guessing the concern is to avoid ROs from claiming Spec 13 status and then offering registrations to anyone.  But that does not seem to be a valid concern because there is also the requirement that the rademark license “is for the use of such trademark in the regular course of that entity’s business outside of the provision of Registry Services, and is not primarily for the purpose of enabling registration or use of domain names in the TLD.”  There are a number of brands where individual persons might be legitimate trademark licensees and need to use the trademark (and a domain name in the .brand TLD) as par of their regular business.  For example, Realtors or individual insurance or other brokers working for a large company.

 

Best regards,

 

Marc H. Trachtenberg
Shareholder

Chair, Internet, Domain Name, e-Commerce and Social Media Practice
Greenberg Traurig, LLP
77 West Wacker Drive | Suite 3100 | Chicago, IL 60601
T +1 312.456.1020

M +1 773.677.3305
trac@gtlaw.com | www.gtlaw.com  |  View GT Biography

 

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From: Elisa Busetto via SubPro-IRT <subpro-irt@icann.org>
Sent: Thursday, April 17, 2025 8:27 AM
To: subpro-irt@icann.org
Subject: [SubPro-IRT] Redline Specs 7 and 13

 

*EXTERNAL TO GT*

Dear IRT members,

 

The redlines of Specification 7 and Specification 13 were posted to the wiki under “Topic 36 | Base Registry Agreement”: https://icann-community.atlassian.net/wiki/x/7wmwBg

 

Best regards,

Elisa