[CWG-Stewardship] Proposed Design Team: IANA IPR, including IANA Trademark and Domain Name

[Greg Shatan]

*Name and Summary Description*: IANA Intellectual Property Rights,
including the IANA Trademark and Domain Name.  The Number Community has
proposed that the IANA trademark and the iana.org domain name be
transferred to an independent entity, such as the IETF Trust.  This Design
Team will review this proposal and provide a report back to the CWG
discussing issues and pros and cons of this proposal and providing a
written draft recommendation to the CWG regarding how to deal with this
proposal.

The Number Community has also stated that it would be preferable if certain
data associated with the IANA were in the public domain.  The team would
examine this proposal, and would also determine what if any other IPR is
involved in the NTIA-IANA relationship.  The team would provide a written
draft recommendation regarding these points in a second deliverable.

*Detailed Description:  *The proposal submitted by CRISP on behalf of the
Numbers Community contains the following paragraph:

With regards to the IANA trademark and the IANA.ORG domain, it is the
expectation of the Internet Number Community that both are associated with
the IANA Numbering Services and not with a particular IANA Numbering
Services Operator. Identifying an organization that is not the IANA
Numbering Services Operator and which will permanently hold these assets
will facilitate a smooth transition should another operator (or operators)
be selected in the future. It is the preference of the Internet Number
Community that the IANA trademark and the IANA.ORG domain name be
transferred to an entity independent of the IANA Numbering Services
Operator, in order to ensure that these assets are used in a
non-discriminatory manner for the benefit of the entire community. From the
Internet Number Community’s perspective, the IETF Trust would be an
acceptable candidate for this role.

The ICG has issued a question to the Protocol Parameters Community, asking
(in essence) whether this proposal was acceptable.  The Protocol Parameters
Community responded that this was not inconsistent with their proposal.
The ICG also issued a question to the IETF Trust, asking whether the IETF
would be willing to take on this role.  The IETF Trust responded that it
would be willing to do so.  As of today, the ICG has not issued a question
to the CWG regarding this proposal.

This proposal may raise various operational and legal concerns. It does not
appear that the CRISP Team, the ICG or the IETF Trust have examined these
concerns.  This Design Team will review this proposal with regard to how it
could work and with regard to operational and legal concerns, and will
provide a report back to the CWG discussing issues and pros and cons of
this proposal and providing a draft recommendation to the CWG regarding how
to deal with this proposal.

The Number Community has also stated that it would be preferable if certain
data associated with the IANA were in the public domain.  The team would
examine this proposal, and would also determine what if any other IPR is
involved in the NTIA-IANA relationship.  The team would provide a written
draft recommendation regarding these points in a second deliverable.

Greg


*Gregory S. Shatan **ï* *Abelman Frayne & Schwab*

*Partner* *| IP | Technology | Media | Internet*

*666 Third Avenue | New York, NY 10017-5621*

*Direct*  212-885-9253 *| **Main* 212-949-9022

*Fax*  212-949-9190 *|* *Cell *917-816-6428

*gsshatan at lawabel.com <gsshatan at lawabel.com>*

*ICANN-related: gregshatanipc at gmail.com <gregshatanipc at gmail.com>*

*www.lawabel.com <http://www.lawabel.com/>*
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