[Gnso-igo-ingo-crp] Update on appeal filed under Section 3.7 of the Working Group Guidelines

[Paul Tattersfield]

I do not feel we can honestly carry on as before given a number of very
serious other substantive matters have also not been properly discussed yet.

For example:

I want to see a substantive revision of the final report because the Swaine
Memo is quite simply not relevant to what the working group is considering
namely that it is the IGO who is initiating the proceedings. Most of the
Swaine reasoning is predicated around the case where a TM Holder initiates
a dispute against a domain already owned by an IGO.

An error of this magnitude needs to be corrected before any poll options
are drafted.

Please can the co-chairs confirm that they are prepared to discuss this
matter fully?

Thank you


Paul.



On Thu, Feb 1, 2018 at 8:28 PM, Mike Rodenbaugh <mike at rodenbaugh.com> wrote:

> I agree with David.
>
> Mike Rodenbaugh
> RODENBAUGH LAW
> tel/fax:  +1.415.738.8087 <(415)%20738-8087>
> http://rodenbaugh.com
>
> On Thu, Feb 1, 2018 at 8:37 AM, David W. Maher <dmaher at pir.org> wrote:
>
>> I do not support the use of a facilitator.
>>
>> I support the co-chairs’ use of a public and transparent poll.
>>
>> I do not see the need for another call.
>>
>> David W. Maher
>>
>> Public Interest Registry
>>
>> Senior Vice-President – Law & Policy
>>
>> +1 312 375 4849 <(312)%20375-4849>
>>
>>
>>
>> *From:* Gnso-igo-ingo-crp [mailto:gnso-igo-ingo-crp-bounces at icann.org] *On
>> Behalf Of *Mary Wong
>> *Sent:* Wednesday, January 31, 2018 10:14 PM
>> *To:* Paul Keating <paul at law.es>
>> *Cc:* gnso-igo-ingo-. <gnso-igo-ingo-crp at icann.org>
>> *Subject:* Re: [Gnso-igo-ingo-crp] Update on appeal filed under Section
>> 3.7 of the Working Group Guidelines
>>
>>
>>
>> Dear all,
>>
>>
>>
>> Please find attached a summary of points regarding how to move forward,
>> based on the outcome of the discussions between George Kirikos and the
>> Working Group co-chairs. The attachment is being sent on behalf of the
>> co-chairs.
>>
>>
>>
>> Working Group members are kindly invited to provide your feedback on the
>> various questions raised for your consideration, in the hope that everyone
>> can reach agreement as to how to move forward, including the engagement of
>> a facilitator (if agreed).
>>
>>
>>
>> Thanks and cheers
>>
>> Mary and Steve
>>
>>
>>
>> *From: *Paul Keating <paul at law.es>
>> *Date: *Thursday, January 25, 2018 at 11:05
>> *To: *Mary Wong <mary.wong at icann.org>
>> *Cc: *"gnso-igo-ingo-." <gnso-igo-ingo-crp at icann.org>
>> *Subject: *[Ext] Re: [Gnso-igo-ingo-crp] Update on appeal filed under
>> Section 3.7 of the Working Group Guidelines
>>
>>
>>
>> Hi Mary
>>
>> Can you clarify how the process of obtaining the facilitator will work
>> and let us know when that can get started?
>>
>>
>>
>> Sincerely,
>>
>> Paul Keating, Esq.
>>
>>
>> On Jan 25, 2018, at 6:40 PM, Mary Wong <mary.wong at icann.org> wrote:
>>
>> Dear all,
>>
>>
>>
>> For your information, the second call between George Kirikos (who filed
>> the appeal under Section 3.7 of the GNSO Working Group Guidelines) and
>> Working Group co-chairs Phil Corwin and Petter Rindforth took place on
>> Thursday 18 January. Also on the call were Paul Keating and Paul
>> Tattersfield (Working Group members who supported George’s appeal) and
>> ICANN Ombudsman Herb Waye (in an observer capacity). The recording and
>> transcript of the call can be found on the Working Group wiki space here:
>> https://community.icann.org/x/iAS8B[community.icann.org]
>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_iAS8B&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=xSMvKI_fnOEM-bOUt_qEGxoybelYlQ66zIqNgi8lwEk&s=T-IguuwYQKN6GJAAKr2Qx9OfArU6dHmyjxj4WjBIEuA&e=>
>> .
>>
>>
>>
>> On the call, agreement was reached to take the suggestion of requesting a
>> facilitator’s assistance to the Working Group.
>>
>>
>>
>> Staff has completed our action item from the call, which was to advise
>> the GNSO Council leadership and Working Group liaison to remove the planned
>> agenda item concerning Phil’s and Petter’s December 2017 request from the
>> Council’s 30 January meeting agenda. We confirm that the Council’s agenda
>> has been amended accordingly.
>>
>>
>>
>> We believe Phil and Petter will follow up with everyone on the mailing
>> list.
>>
>>
>>
>> Thanks and cheers
>>
>> Mary and Steve
>>
>>
>>
>>
>>
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>>
>>
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>
>
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