staff
8,858
edits
Changes
→Trademark Protections
Senators Patrick Leahy and Chuck Grassley and Congressional Representatives Lamar Smith and John Conyers issued an August 7 letter critizing ICANN's approach to new gTLDs. They criticized ICANN's level of New GTLD outreach, stating that "many members of the public outside the ICANN community are unaware that the New gTLD program is underway" and go on to note that those who are aware are not given adequate time and information to participate. The letter also highlighted demands from IP interests that ICANN systematically offer stronger rights protection mechanisms on the new gTLDs, such as a permanent Trademark Clearinghouse service rather than the existing policy, which only required the Clearinghouse be available the first sixty days after a registry launches.<ref>[http://domainincite.com/10033-congressmen-say-new-gtlds-need-more-comments Congressmen say new gTLDs need more comments]. Domain Incite. Published 2012 August 8.</ref>
Senators Patrick Leahy and Chuck Grassley and Congressional Representatives Lamar Smith and John Conyers issued an August 7 letter critizing ICANN's approach to new gTLDs. They criticized ICANN's level of New GTLD outreach, stating that "many members of the public outside the ICANN community are unaware that the New gTLD program is underway" and go on to note that those who are aware are not given adequate time and information to participate. The letter also highlighted demands from IP interests that ICANN systematically offer stronger rights protection mechanisms on the new gTLDs, such as a permanent Trademark Clearinghouse service rather than the existing policy, which only required the Clearinghouse be available the first sixty days after a registry launches.<ref>[http://domainincite.com/10033-congressmen-say-new-gtlds-need-more-comments Congressmen say new gTLDs need more comments]. Domain Incite. Published 2012 August 8.</ref>
On September 19, 2012, Chehadé sent a letter in return, where he said explained that the 60-day period was reached through a "multi-year, extensive process with the ICANN community" and therefore would not be in ICANN's power to unilaterally extend. He also noted that the Trademark Clearinghouse is "intended to be a repository for existing legal rights, and not an adjudicator of such rights or creator of new rights. Extending the protections offered through the Trademark Clearinghouse to any form of name (such as the mark + generic term suggested in your letter) would potentially expand rights beyond those granted under trademark law and put the Clearinghouse in the role of making determinations as to the scope of particular rights."
On September 19, 2012, Chehadé sent a letter in return, where he said explained that the 60-day period was reached through a "multi-year, extensive process with the ICANN community" and therefore would not be in ICANN's power to unilaterally extend. He also noted that the Trademark Clearinghouse is "intended to be a repository for existing legal rights, and not an adjudicator of such rights or creator of new rights. Extending the protections offered through the Trademark Clearinghouse to any form of name (such as the mark + generic term suggested in your letter) would potentially expand rights beyond those granted under trademark law and put the Clearinghouse in the role of making determinations as to the scope of particular rights."<ref>[http://domainincite.com/10538-new-icann-chief-pours-cold-water-on-new-gtld-trademark-protection-demands New ICANN chief pours cold water on new gTLD trademark protection demands]. Domain Incite. Published 2012 September 20. Retrieved 2012 November 13.</ref>
In early November 2012, Chehade invited a group of business, IP, and noncommercial users, along with registrar and registry stakeholder groups, to discuss Clearinghouse-related issues. Resolutions and decisions for ICANN include:<ref>[http://blog.icann.org/2012/11/building-a-secure-and-reliable-trademark-clearinghouse/ Building a Secure and Reliable Trademark Clearinghouse]. ICANN Blog. Published 2012 November 7. Retrieved 2012 November 13.</ref>:
* Registration: How registration recording and verification are addressed
** Agreeing to map out trademark submission and verification components
** Developing a new system to offer timely and accurate information on new gTLD launches
** Implementing seminars between implementers and various users
* Sunrise Management: How to use Sunrise data files and offer flexibility for rights holders
** Offering model in which Clearinghouse data can be provided securely to rights holders for early sunrise registration
** Giving details on the degree of "matching" between a Clearinghouse record and a domain name's [[Whois]] data.
* Claims Management: How new gTLDs registries and registrars will facilitate Clearinghouse records during the registration process
** Agreeing to hybrid system of decentralized and centralized system for Trademark Claims
** Offering trademark claims service for at least first 60 days of general registration and all new gTLD registries must offer a minimum 30-day sunrise period
** Decided not to implement measures to address the potential mining of the Clearinghouse database for purposes not related to rights protection, on the basis that most controls would be ineffective
==Career History==
==Career History==