ICANN put in place robust Rights Protection Mechanisms (RPMs) for the roll out of the New gTLD Program. One year later, we are gathering feedback from IP stakeholders, trademark rights holders, registries and registrars who have used the Trademark Clearinghouse and Claims service, the Uniform Rapid Suspension (URS) system, and the Post-Delegation Dispute Resolution Procedures (PDDRPs). This vital feedback will help inform forthcoming reviews of the RPMs.

1. Text
Rights Protection Mechanisms:
User Feedback Session
#ICANN51
15 October 2014

2. Agenda
Text
• Introduction (10)
• Panel & Interactive Discussion (50)
o Trademark Clearinghouse
o Sunrise Period
o Trademark Claims Service
o Uniform Rapid Suspension
• Other Feedback / Q&A (15)
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3. Text
Introduction
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4. Panelists
Text
• Anthony Beltran
Chief Operating and Financial Officer,
101Domain, Inc.
• Vicky Folens
Senior Manager, IP & Internet Services &
Strategy, Deloitte Bedrijfsrevisoren
• Statton Hammock
#ICANN51
VP, Business & Legal Affairs, Rightside
• Susan Payne
Head of Legal Policy, Valideus

5. Rights Protections in New gTLD Program
Text
Trademark Clearinghouse
Sunrise &
TM Claims
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Complement to UDRP
Uniform
Rapid
Suspension
PDDRP
Post-
Delegation
Dispute
Resolution
Procedure
TLD
Launch
Specific names
Patterns of
activity

6. Verified Trademarks Submitted into the
Text
138
926
1388
Clearinghouse
March 2013 - July 2014
Source: Deloitte Monthly Trademark Activity Reports
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1702
2258
2118 2157
2574 2568 2609
2726
2081
Total = 27,761
1289
1090
870
531
736
March
April
May
June
July
August
September
October
November
December
January
February
March
April
May
June
July
2013 2014

7. Sunrise Periods
Text
Through
9 Oct 14
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Sunrise periods completed: 269
Sunrise periods in process: 35
Highest reported Sunrise total:
713
Average Sunrise transactions per
TLD: 118 (based on 228 TLDs)

8. Trademark Claims
Text
Through
9 Oct 14
#ICANN51
Claims periods completed: 162
Claims periods in process: 97
Through
July
2014
Claims notices sent: 6,361,411
Cumulative Claims transactions: 60,735
Average Claims transactions per TLD:
299 (based on 228 TLDs)

9. Uniform Rapid Suspension (URS)
Text
Estimates only: Differences vs. UDRP based on
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145 URS cases
Total Days Fees (USD)
URS 2050 54,375
UDRP 8700 217,500

10. Text
The Trademark Clearinghouse
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11. The Trademark Clearinghouse
Text
Topics covered in review:
o Trademark verification process
o Trademark Clearinghouse guidelines
o Proof of use
o Misuse of data
o Matching rules
o Outreach & communications
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12. Trademark Clearinghouse Discussion
Text
Rights Holders:
• What was your experience in submitting marks into the
Clearinghouse?
• Were the challenges, if any, with submitting marks into the
Clearinghouse?
• Are there any additional processes or features that you would like to
see implemented?
• Were any issues identified relating to misuse of Clearinghouse data?
TMCH:
• What types of questions did you hear from rights holders about the
Trademark Clearinghouse processes?
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13. Text
Sunrise Period
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14. Sunrise Period
Text
Topics covered in the review:
o Statistical analysis on TLD sunrises
o Limited Registration Periods
o Approved Launch Program & Qualified Launch Program
o Sunrise Dispute Resolution Policies
o Reserved names
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15. Sunrise Period Discussion
Text
• Rights Holders:
o What was your experience in registering names during the Sunrise
period?
o What factors did you take into account in choosing TLDs in which to
pursue Sunrise registrations?
o What information sources were most useful in planning for and assisting
you with the domain name registration process?
• Registries:
o What patterns did you observe during the Sunrise period?
o How often was the Sunrise Dispute Resolution Policy used to resolve
disputes?
• Registrars:
o What types of questions did customers have regarding the Sunrise
registration process?
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16. Text
Trademark Claims Service
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17. Trademark Claims Service
Text
Topics covered in the review:
o Statistical analysis on Claims notices and
transactions
o Addition of previously abused labels based on
UDRP/court proceedings
o Ongoing notification service via TMCH
o Extended Claims services offered by registries
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18. Trademark Claims Discussion
Text
• Registrars:
o What types of questions did customers have related to the
Claims notice?
o What was your perception of how the Claims notice was
received by registrants?
• Rights Holders:
o Did receiving a timely Notice of Registered Name help you
decide what steps to take next?
o How could the Claims service be improved?
o Are there other pieces of information that should be included in
these notices?
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19. Text
Uniform Rapid Suspension
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20. Uniform Rapid Suspension (URS)
Text
Topics covered in the review:
o Case data
o Costs and resolution time
o Implementation questions across providers
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21. URS Discussion
Text
• What was your experience in using the URS?
• Did the URS effectively meet its goal of being quick
and inexpensive?
• Is the URS appropriately balanced to consider
trademark rights as well as factors of registrant
use?
• What factors might make the URS process more
effective?
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22. Additional Discussion
Text
• What data or statistics do you suggest would be
most helpful to inform the analysis?
• What topics do you consider most important to
address in the RPM reviews?
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23. GDD + Related Sessions
Text
#ICANN51
Wednesday, 15 October
o DNS Risk Framework
o GDD Service Delivery, Customer Service &
Service Level Agreements
o Universal Acceptance
Thursday, 16 October
o DNSSEC Key Rollover Workshop
o Thick WHOIS Implementation (Working
Session)
o Deploying the IETF’s WHOIS Replacement

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