The Non-Commercial Users Constituency (NCUC) welcomes the opportunity to submit our comments to the revised documents, produced by the ICANN Staff, relating to the creation of a Trademark Clearinghouse and a Uniform Rapid Suspension System, which will be included in version 4 of the Draft Applicant Guidebook. We also welcome the 12 March 2010 ICANN Board Resolutions supporting the substantive content of the Clearinghouse and of the Uniform Rapid Suspension System.
The Uniform Rapid Suspension System (URS)
In the context of .Abusive Complaints., the revised ICANN staff report, in section 11, fails to distinguish between abuses on behalf of trademark owners and on behalf of URS examiners. At the same time, sections 11.1 and 11.2 should be merged into one section as they deal with the same subject matter. In particular, section 11.2 contains a lot of language mistakes and fails to make sense. The GNSO-STI.s section 9 entitled .Abuse of Process. was very clear in the distinction between the types of abuses and received unanimous consensus by the GNSO. In particular it stated:
Furthermore, it appears that the evaluation of appeal instructions as set by the GNSO-STI team is missing from the staff-revised texts. We, therefore, suggest that the following, which has received unanimous consensus by the GNSO-STI, goes back to the document that will appear in version 4 of the Applicants. Guidebook:
Trademark Clearinghouse (TMC)
NCUC considers that the revised proposal for the creation of a Trademark Clearinghouse (TMC) generally represents the ideas and vision of the GNSO Special Trademark Issues (STI) report. However, we feel that there are some specific issues that ICANN should clarify and address.