[client com] Request for a quote on two tasks

Greg Shatan gregshatanipc at gmail.com
Tue Jul 28 15:10:23 UTC 2015


Josh,

The most efficient thing would be for you to contact Sam Eisner directly
for ICANN-related information, and Theresa and Jonathan have paved the way
for that.

Suzanne Wolff has also cc'd relevant contacts from the IETF/IETF Trust  --
Jari Arkko and Andrew Sullivan.  The more information from primary sources,
the better, in my opinion.

Greg

On Tue, Jul 28, 2015 at 4:58 AM, Jonathan Robinson <jrobinson at afilias.info>
wrote:

> Josh,
>
>
>
> Thanks for these questions and I recognise that Greg has provided some
> answers by now.
>
>
>
> However, it is my view that these questions are all best directed to
> ICANN.
>
>
>
> Please note also that I anticipate the other two communities (Numbers &
> Protocols) will be very willing to provide information as needed.
>
>
>
> Jonathan
>
>
>
> *From:* Hofheimer, Joshua T. [mailto:jhofheimer at sidley.com]
> *Sent:* 27 July 2015 21:29
> *To:* Greg Shatan <gregshatanipc at gmail.com>; Flanagan, Sharon <
> sflanagan at sidley.com>
> *Cc:* cwg-client at icann.org
> *Subject:* Re: [client com] Request for a quote on two tasks
>
>
>
> Greg,
>
>
>
> Thanks this is very helpful.  A couple follow-up questions as well:
>
>
>
> 1.      Are there trademarks, tradenames and logos that have been
> registered in countries outside the United States?
>
> 2.      If so, are they all registered by ICANN, or in some jurisdictions
> are they owned by a local affiliate/subsidiary.
>
> 3.      Would it be possible to get a schedule of all registered marks,
> names and logos, showing the mark, the registration date, number and
> registered owner?  Ultimately, we are going to need this regardless, and
> hopefully ICANN staff have maintained it on a regular basis.
>
> 4.      We also would like a schedule of all the domain names, including
> the identified Registrant and Registrar.  The Administrative Contact would
> be useful too.
>
>
>
> Finally, in a prior email you forwarded with some background materials you
> expressed the concern that the IETF Trust might not be a legal person.  Can
> you give us some further insight into the circumstances that give rise to
> this concern for you, or were your questions addressed by the IETF?
>
>
>
> Cheers,
>
> Josh
>
>
>
> *JOSHUA* *HOFHEIMER*
>
> Sidley Austin LLP
> +1.213.896.6061 (LA direct)
> +1.650.565.7561 (PA direct)
> +1.323.708.2405 (cell)
> jhofheimer at sidley.com
> www.sidley.com
>
> [image: http://www.sidley.com/files/upload/signatures/SA-autosig.png]
> <http://www.sidley.com/> *SIDLEY AUSTIN LLP*
>
>
>
>
>
> *From:* cwg-client-bounces at icann.org [mailto:cwg-client-bounces at icann.org
> <cwg-client-bounces at icann.org>] *On Behalf Of *Greg Shatan
> *Sent:* Wednesday, July 22, 2015 5:45 AM
> *To:* Flanagan, Sharon
> *Cc:* cwg-client at icann.org
>
> *Subject:* Re: [client com] Request for a quote on two tasks
>
>
>
> Sharon,
>
>
>
> I started to put together some background information on the IANA
> trademarks that might be helpful to you and your colleagues, once you get
> the green light to proceed.  It's based on information publicly available
> through the US Patent & Trademark Office website and the ICANN website, so
> there's nothing unique here, but it might save a little time and effort.
>
>
>
> Greg
>
>
>
>
>
>
>
> On Sat, Jul 18, 2015 at 9:33 AM, Flanagan, Sharon <sflanagan at sidley.com>
> wrote:
>
> 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
>
>
>
> *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
> *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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