Hi All,
Wendy Seltzer and I had a meeting with the Trademark Clearinghouse
Independent Review Team (a fancy name for one person) in Marrakech and
raised issues of concern, including:
- current over-expansion of the Trademark Clearinghouse (it is accepting
applications it should not),
- current abuse of the Trademark Notice process (it should never become
permanent or there will be a permanent "chilling effect" on registrants;
the compromise and balance was a "short-term Trademark Notice" -- never
an agreement for permanent), and
- never-ending pressure to extend the Trademark Clearinghouse and
Trademark Notice to "legacy gTLDs" of .com, .org, .net -- despite that
these mechanisms were specially created only for the New gTLDs and there
is no reason or rationale to extend them (and such an extension would
come with huge costs to speech and fair use).
/But we also told him that others in NCSG might want to meet with him.
Do you have issues/concerns - should we meet with him together? Feel
free to write to me privately or publicly and we'll organize a group as
needed...
/Best,
Kathy
-------- Forwarded Message --------
Subject: [NCSG-Discuss] FW: TMCH Independent Review Questionnaire Now
Available
Date: Tue, 5 Apr 2016 13:59:40 +0000
From: Maryam Bakoshi <[log in to unmask]>
Reply-To: Maryam Bakoshi <[log in to unmask]>
To: [log in to unmask]
Dear SO/AC leaders,
To follow up on our previous message sent prior to ICANN 55, we wanted
to thank all those who reached out and met with the Trademark
Clearinghouse (TMCH) Independent Review Team to provide input on this study.
We are continuing with outreach and stakeholder discussions, and as part
of this work, Analysis Group has developed a questionnaire to assess the
opinions of various groups that interact with either all or some of the
TMCH services. Given that feedback from interested stakeholders is
extremely valuable to this review, we would greatly appreciate your
assistance in helping us promote the TMCH questionnaire. Therefore, it
would be fantastic if you could share the following link
(http://www.analysisgroup.com/icann-trademark-clearinghouse/) via one or
more of your communication channels (website, blog, e-mail, bulletin
board, newsletter etc.) and encourage your members to complete the
questionnaire.
As noted previously, ICANN is conducting an independent review of the
TMCH, which was recommended by the Governmental Advisory Committee (GAC)
in 2011 (see
https://archive.icann.org/en/topics/new-gtlds/gac-comments-new-gtlds-26may11-en.pdf).
The purpose of this study is to assess the effectiveness of the TMCH in
combination with the areas that the Governmental Advisory Committee
(GAC) specified for review, which include: (1) handling of non-exact
matches to trademarks, (2) extension of the Trademark Claims
notifications, and (3) impacts of the Claims services on the commercial
watch services market.
This is intended as an informational study to support discussions on
related Right Protection Mechanisms (RPMs) activities, such as the work
of the Competition, Consumer Trust, and Consumer Choice Review Team
(CCT-RT) and the Generic Names Supporting Organization (GNSO) review of
all RPMs in all gTLDs Policy Development Process (PDP).
Thank you again for taking the time to consider our request, and please
let us know if you have any questions that we can help address.
Best regards,
*Antonietta Mangiacotti*
Research Assistant
Internet Corporation for Assigned Names and Numbers
[log in to unmask] <mailto:[log in to unmask]>
Office: 310.578.8903
Mobile: 310.795.8543
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