Fwd: [NCSG-Discuss] FW: TMCH Independent Review Questionnaire Now Available
Rafik Dammak
rafik.dammak at GMAIL.COM
Wed Apr 6 02:00:05 EEST 2016
Hi Kathy,
I think it would make sense to have a confcall from NCSG, with the this
review team. I think that any feedback should be reinforced by filling the
online questionnaire too.
Best,
Rafik
2016-04-06 0:22 GMT+09:00 Kathy Kleiman <kathy at kathykleiman.com>:
> 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 <maryam.bakoshi at ICANN.ORG> <maryam.bakoshi at ICANN.ORG>
> Reply-To: Maryam Bakoshi <maryam.bakoshi at ICANN.ORG>
> <maryam.bakoshi at ICANN.ORG>
> To: NCSG-DISCUSS at LISTSERV.SYR.EDU
>
>
>
> 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>
> 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
>
> <antonietta.mangiacotti at icann.org>antonietta.mangiacotti at icann.org
>
> Office: 310.578.8903
>
> Mobile: 310.795.8543
>
>
>
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