Trademark Clearinghouse: Difference between revisions
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On November 27 2012, ICANN CEO [[Fadi Chehadé]] posted to his blog that the Trademark Clearinghouse would be implementable for $150 per mark, or less. [[IBM]] is to maintain the database, while [[Deloitte]] will accept marks and provide validation services. The latter's services are non-exclusive, will be monitored by [[ICANN]] to ensure a reasonable amount is being charged, and can be subject to discounts for multiple marks and multiple year registration. The entire system mimics the separate [[registry]] and [[registrar]] model. <ref>[http://blog.icann.org/2012/11/a-follow-up-to-our-trademark-clearinghouse-meetings/ A Follow Up to Our Trademark Clearinghouse Meetings, Blog.ICANN.org]Published & Retrieved 27 Nov 2012</ref> | On November 27 2012, ICANN CEO [[Fadi Chehadé]] posted to his blog that the Trademark Clearinghouse would be implementable for $150 per mark, or less. [[IBM]] is to maintain the database, while [[Deloitte]] will accept marks and provide validation services. The latter's services are non-exclusive, will be monitored by [[ICANN]] to ensure a reasonable amount is being charged, and can be subject to discounts for multiple marks and multiple year registration. The entire system mimics the separate [[registry]] and [[registrar]] model. <ref>[http://blog.icann.org/2012/11/a-follow-up-to-our-trademark-clearinghouse-meetings/ A Follow Up to Our Trademark Clearinghouse Meetings, Blog.ICANN.org]Published & Retrieved 27 Nov 2012</ref> | ||
==Strawman | ==Strawman Solution== | ||
The so called "Strawman Solution" is an expansion of the TMCH and related IP and trademark protections being floated and created by the leadership within ICANN and members of the Business and IP communities. On November 15-16 2012, following its [[ICANN 45|45th public meeting]], ICANN leadership met with invited representatives of the [[IPC|Intellectual Property Constituency]], the [[BC|Business Constituency]], and other prominent members and representatives of the [[ | The so called "Strawman Solution" is an expansion of the TMCH and related IP and trademark protections being floated and created by the leadership within ICANN and members of the Business and IP communities. On November 15-16 2012, following its [[ICANN 45|45th public meeting]], ICANN leadership met with invited representatives of the [[IPC|Intellectual Property Constituency]], the [[BC|Business Constituency]], and other prominent members and representatives of the [[Registrar]], [[Registry]], and related communities. Participants were asked not to immediately disclose the discussion, and ICANN went so far as to request that nobody tweet about the meeting either.<ref name="SM Meeting">[http://domainincite.com/11064-straw-man-proposed-to-settle-trademark-deadlock-at-secretive-icann-meeting Strawman Proposed to Settle Trademark Deadlock at Secretive ICANN Meeting]Published Nov 19, 2012, Retrieved Jan 18 2013]</ref> | ||
The fact that the meeting was even taking place and that ICANN executives were signaling that they would implement policy outside of standard [[PDP|Policy Development Processes]], which would demand consensus created within the [[GNSO]], was troubling to many in the community.<ref name="IGP Strawman">[http://www.internetgovernance.org/2012/11/18/dissecting-the-strawman-icanns-11th-hour-trademark-policy-negotiations/ Dissecting the Strawman ICANNs 110th Hour Trademark Policy Negotiations]Published 18 Nov 2012, Retrieved 18 Jan 2013</ref><ref name="DI SM Split">[http://domainincite.com/11619-new-gtld-strawman-splits-community New gTLD Splits Community, DomainIncite.com]Published 16 Jan 2013, Retrieved 18 Jan</ref> This significantly added to the import of the recent debate in ICANN over [[ICANN#Implementation vs. Policy Development|implementation vs. policy development]].<ref name="race">[http://www.bna.com/race-toward-new-b17179871911/ Race Toward New, BNA.com]Published 17 Jan 2013, Retrieved 18 Jan</ref> | The fact that the meeting was even taking place and that ICANN executives were signaling that they would implement policy outside of standard [[PDP|Policy Development Processes]], which would demand consensus created within the [[GNSO]], was troubling to many in the community.<ref name="IGP Strawman">[http://www.internetgovernance.org/2012/11/18/dissecting-the-strawman-icanns-11th-hour-trademark-policy-negotiations/ Dissecting the Strawman ICANNs 110th Hour Trademark Policy Negotiations]Published 18 Nov 2012, Retrieved 18 Jan 2013</ref><ref name="DI SM Split">[http://domainincite.com/11619-new-gtld-strawman-splits-community New gTLD Splits Community, DomainIncite.com]Published 16 Jan 2013, Retrieved 18 Jan</ref> This significantly added to the import of the recent debate in ICANN over [[ICANN#Implementation vs. Policy Development|implementation vs. policy development]].<ref name="race">[http://www.bna.com/race-toward-new-b17179871911/ Race Toward New, BNA.com]Published 17 Jan 2013, Retrieved 18 Jan</ref> | ||