[client com] Request for a quote on two tasks

Jonathan Robinson jrobinson at afilias.info
Mon Jul 27 10:40:55 UTC 2015


Dear Sharon,

 

I realise that, with hindsight, we did not confirm a detail. When we refer to IPR, I believe we are referring to the relevant domain names & trademarks.

I expect that this is implicit and understood by you but, for the avoidance of doubt, I want to make sure you are aware of the issue of domain names (iana.org and relevant others to be confirmed by ICANN) in addition to the trademarks.

 

Thank-you.

 

Jonathan 

 

From: Flanagan, Sharon [mailto:sflanagan at sidley.com] 
Sent: 22 July 2015 17:18
To: 'jrobinson at afilias.info' <jrobinson at afilias.info>; cwg-client at icann.org; 'Lise Fuhr' <lise.fuhr at difo.dk>; 'Grace Abuhamad' <grace.abuhamad at icann.org>; 'Marika Konings' <marika.konings at icann.org>
Cc: Gregory, Holly <holly.gregory at sidley.com>; Hofheimer, Joshua T. <jhofheimer at sidley.com>
Subject: RE: Request for a quote on two tasks

 

Thanks Jonathan.  And thanks Greg for the background.  We will get started on Item #1.  

 

In due course, it would be good if we could speak with someone at ICANN with knowledge of the relevant IP.  Would we connect with them through Grace or Marika or through the Client Committee?

 

Also, are we holding on item #2 below?

 

Thanks,

Sharon

 

 

SHARON FLANAGAN
Partner

Sidley Austin LLP
+1.415.772.1271
sflanagan at sidley.com <mailto:sflanagan at sidley.com> 

 

From: Jonathan Robinson [mailto:jrobinson at afilias.info] 
Sent: Wednesday, July 22, 2015 6:32 AM
To: Flanagan, Sharon; cwg-client at icann.org <mailto:cwg-client at icann.org> ; 'Lise Fuhr'; 'Grace Abuhamad'; 'Marika Konings'
Cc: Gregory, Holly; Hofheimer, Joshua T.
Subject: RE: Request for a quote on two tasks

 

Dear Sharon,

 

With regard to item #1 below, the client committee, on behalf of the CWG, would like to instruct you to proceed with the work as soon as possible.

 

Please do revert to us with any questions or issues arising, including if it transpires that the work required will fall substantially outside of your estimate.

 

Thank-you,

 

 

Jonathan

 

From: Flanagan, Sharon [mailto:sflanagan at sidley.com] 
Sent: 18 July 2015 14:33
To: cwg-client at icann.org <mailto:cwg-client at icann.org> ; Jonathan Robinson <jrobinson at afilias.info <mailto:jrobinson at afilias.info> >; 'Lise Fuhr' <lise.fuhr at difo.dk <mailto:lise.fuhr at difo.dk> >; Grace Abuhamad <grace.abuhamad at icann.org <mailto:grace.abuhamad at icann.org> >; Marika Konings <marika.konings at icann.org <mailto:marika.konings at icann.org> >
Cc: Gregory, Holly <holly.gregory at sidley.com <mailto:holly.gregory at sidley.com> >; Hofheimer, Joshua T. <jhofheimer at sidley.com <mailto:jhofheimer at sidley.com> >
Subject: RE: Request for a quote on two tasks

 

Dear All,

 

With respect to Item #1 below, we would expect the stress test and assessment of the IPR issue under the three scenarios below would require approximately $35,000-40,000 of legal work.  This would be for our analysis and review and would not include time spent on follow up calls or iterations of the document.

 

Please let us know if you have any questions.

 

Best regards,

Sharon

 

SHARON FLANAGAN
Partner

Sidley Austin LLP
+1.415.772.1271
sflanagan at sidley.com <mailto:sflanagan at sidley.com> 

 

From: Lise Fuhr [mailto:lise.fuhr at difo.dk] 
Sent: Tuesday, July 14, 2015 6:58 AM
To: Flanagan, Sharon
Cc: Jonathan Robinson; Grace Abuhamad; Marika Konings; cwg-client at icann.org <mailto:cwg-client at icann.org> 
Subject: Request for a quote on two tasks

 

Dear Sharon,

 

As we talked about during the Client Committee call last Thursday, we have discussed with the CWG Sidley's eventual advice regarding two issues – IPR and a matrix of the bylaws. The CWG agreed to request Sidley to give an estimate of the hours needed in order to perform the two tasks:

1.      IPR - To conduct a stress-test approach regarding the IANA IPR issue. This includes four aspects:

a.  Sidley should consult with ICANN Legal in order to obtain further insight and background to the IPR issue. This can be done with the involvement of other members of the CWG – like the Client Committee. Furthermore CWG is considering involving other communities in this fact-gathering exercise.

b. There appear to be three possible scenarios. IANA’s IPR either:
(i) stays with ICANN; (ii) goes to PTI; or (iii) goes into trust (IETF, mutual trust). 

c. What risks exist with each approach from a CWG-Stewardship perspective. These need to be evaluated in view of ICANN's position and the proposal from the other communities to determine what is optimal and/or acceptable. 

d. There are 3 trademarks involved: (i) "Internet Assigned Numbers Authority," (ii) "IANA", and (iii) the IANA Logo, which consists of IANA in stylized letters plus Internet Assigned Numbers Authority.

 

2.      Matrix of the ICANN bylaws:

Create a matrix to help determine where the bylaws that are needed in relation to the CWG proposal belong.  Identify which bylaws Sidley would suggest that the CWG should draft (be in charge of having drafted), and which bylaws drafted by the CCWG need to be signed off by the CWG. There will be a part of the bylaws that are being prepared by the CCWG that have no direct relationship to the CWG's work and these constitute a third category. 

 

After receiving the quote, the Client Committee will evaluate the estimates of the two tasks and get back to you.

 

If you have any questions, please do not hesitate to get back to me.

 

Best regards,

 

Lise

 

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