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I have no particular stake on the outcome of all this.<br><br>
However, I would find it useful to have a clear and unambiguous statement
from the Trustees on behalf of the IETF Trust saying that the Trust has
the will and resources to adequately police and enforce the IANA
trademark.<br><br>
The proposal was made in the CRISP proposal and accepted in the IANAPLAN
proposal, Although a number of the Trustees participated in creating the
latter document, we really do need a formal statement of the Trust that
they are willing and able, if not eager, to take this on. There is no way
that ICANN should enter into an agreement to give up the TM without such
assurances.<br><br>
Alan<br><br>
At 05/08/2015 03:11 PM, Mueller, Milton L wrote:<br><br>
<blockquote type=cite class=cite cite="">This memo shows a lack of
understanding of the policy issues involved in determining the status of
the IANA trademarks. For example, under disadvantages of ICANN continuing
to hold the trademark, it fails to note that ICANN is the owner of the
PTI subsidiary and thus would be in a position to interfere with any
attempt to transfer the IFO away from ICANN’s controlled subsidiary to
another IFO. The memo seems to be laboring under the risible
assumption that ICANN is a neutral party with respect to administration
of the IFO. <br>
<br>
The memo also fails to note that the numbers community objects just as
strongly to ICANN retaining the trademarks as to PTI retaining
them. <br>
<br>
The assessments of the alleged difficulties involved in IETF Trust
holding the trademarks seem inflated to me. Basically the opinion erects
a strawman (what if you have to create a new trust) and spends most of
its time dealing with that rather than the actual proposal. <br>
<br>
As I noted before this memo was commissioned, legal opinions can clarify
what the options are, but they are not a substitute for real engagement
with, debate on, and achievement of consensus around the merits of the
different options. We have yet to achieve consensus on the status
of the IANA trademarks and frankly we will not achieve one based on this
memo. <br>
<br>
--MM<br>
<br>
<b>From:</b> cwg-stewardship-bounces@icann.org
[<a href="mailto:cwg-stewardship-bounces@icann.org" eudora="autourl">
mailto:cwg-stewardship-bounces@icann.org</a>] <b>On Behalf Of </b>Grace
Abuhamad<br>
<b>Sent:</b> Wednesday, August 5, 2015 11:37 AM<br>
<b>To:</b> cwg-Stewardship@icann.org<br>
<b>Subject:</b> [CWG-Stewardship] FW: [client com] IPR Memo<br>
<br>
Dear all, <br>
This legal input was sent to the Client Committee earlier today. <br>
Best, <br>
Grace<br>
<br>
<b>From:
</b><<a href="mailto:cwg-client-bounces@icann.org">
cwg-client-bounces@icann.org</a>> on behalf of Sharon Flanagan
<<a href="mailto:sflanagan@sidley.com">sflanagan@sidley.com</a>><br>
<b>Date: </b>Wednesday, August 5, 2015 at 12:05 AM<br>
<b>To: </b>Client Committee
<<a href="mailto:cwg-client@icann.org">cwg-client@icann.org</a>><br>
<b>Subject: </b>[client com] IPR Memo<br>
<br>
Dear All,<br>
<br>
Attached is a memo on the IPR issue under the three ownership
structures. Please let us know if you have any questions or would
like to discuss.<br>
<br>
Best regards,<br>
<br>
Holly, Josh and Sharon<br>
<br>
<b>SHARON</b> <b>FLANAGAN</b><br>
Partner<br><br>
<b>Sidley Austin LLP<br>
</b>+1.415.772.1271<br>
<a href="mailto:sflanagan@sidley.com">sflanagan@sidley.com</a><br>
<br>
<br>
<br><br>
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