[council] Fwd: FW: Draft CRP WG Charter - 25 May 2014

Wed Jun 25 12:18:30 UTC 2014

Dear James:

I do not think it impacts the Charter, I just wanted to add some clarity to guide our Council discussions, and perhaps PDP WG deliberations.

Thank you,

Brian

Brian J. Winterfeldt
Head of Internet Practice
Katten Muchin Rosenman LLP
2900 K Street NW, North Tower - Suite 200 / Washington, DC 20007-5118
p / (202) 625-3562 f / (202) 339-8244

575 Madison Avenue / New York, NY 10022-2585
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________________________________
From: James M. Bladel
Sent: Wednesday, June 25, 2014 6:16:39 AM (UTC-05:00) Eastern Time (US & Canada)
To: Winterfeldt, Brian J.
Cc: council at gnso.icann.org<mailto:council at gnso.icann.org>
Subject: Re: [council] Fwd: FW: Draft CRP WG Charter - 25 May 2014
Thanks, Brian.  One thing I love about my work is that I'm always learning something new.

My only question involves whether or not this, in your opinion, impacts the charter?  Did we goof on this?

Thank you--

J.
__________________________
James Bladel
GoDaddy
jbladel at godaddy.com<mailto:jbladel at godaddy.com>

On Jun 25, 2014, at 10:58, "Winterfeldt, Brian J." <brian.winterfeldt at kattenlaw.com<mailto:brian.winterfeldt at kattenlaw.com>> wrote:

Dear all:

I wanted to clarify that the mechanisms we are discussing in connection with the motion and PDP WG, namely the UDRP, the URS, and any newly developed mechanism for IGOs, are all administrative alternative dispute resolution mechanisms, rather than arbitration mechanisms.  There is an important legal distinction between the two that we should recognize and adopt in our discussions.

The UDRP and URS are contractual administrative mechanisms for resolving disputes outside of national courts.  Conversely, arbitration awards are inter alia enforceable in national courts.  See Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York (June 10, 1958).

I do not believe this subtle point necessitates any changes to the draft Charter.  I just wanted to add some clarity to guide our Council discussions, and perhaps PDP WG deliberations.

Thank you,

Brian

Brian J. Winterfeldt
Head of Internet Practice
Katten Muchin Rosenman LLP
2900 K Street NW, North Tower - Suite 200 / Washington, DC 20007-5118
p / (202) 625-3562 f / (202) 339-8244

575 Madison Avenue / New York, NY 10022-2585
p / (212) 940.6762  f / (212) 894.5585
brian.winterfeldt at kattenlaw.com<mailto:brian.winterfeldt at kattenlaw.com> / www.kattenlaw.com<http://www.kattenlaw.com/>

-----Original Message-----
From: Winterfeldt, Brian J.
Sent: Tuesday, June 24, 2014 6:47 PM
To: Marano, Phillip V.
Subject: FW: [council] Fwd: FW: Draft CRP WG Charter - 25 May 2014

________________________________________

From: owner-council at gnso.icann.orgOn<mailto:owner-council at gnso.icann.orgOn> Behalf OfAvri Doria

Sent: Tuesday, June 24, 2014 1:44:44 PM (UTC-05:00) Eastern Time (US & Canada)

To: council at gnso.icann.org<mailto:council at gnso.icann.org>

Subject: [council] Fwd: FW: Draft CRP WG Charter - 25 May 2014

A revised revision of the charter that corrects one mistake.

avri

-------- Original Message --------

Subject:        FW: Draft CRP WG Charter - 25 May 2014

Date:   Tue, 24 Jun 2014 08:58:43 -0700

From:   Mary Wong <mary.wong at icann.org<mailto:mary.wong at icann.org>>

To:     Avri Doria <avri at acm.org<mailto:avri at acm.org>>, Maria Farrell <maria.farrell at gmail.com<mailto:maria.farrell at gmail.com>>

Hello ladies - are you planning to send this to the Council for discussion this evening? Thanks!

From: Lori Schulman <lori.schulman at ascd.org <mailto:lori.schulman at ascd.org<mailto:lori.schulman at ascd.org%20%3cmailto:lori.schulman at ascd.org>>>

Date: Tuesday, June 24, 2014 at 2:31 PM

To: Mary Wong <mary.wong at icann.org <mailto:mary.wong at icann.org<mailto:mary.wong at icann.org%20%3cmailto:mary.wong at icann.org>>>

Subject: FW: Draft CRP WG Charter - 25 May 2014

    FYI - just sent

    *Lori S. Schulman** General Counsel

    1703 North Beauregard Street

    Alexandria, VA  22311-1714

    P 703-575-5678 * Lori.Schulman at ascd.org<mailto:Lori.Schulman at ascd.org> <mailto:Lori.Schulman at ascd.org>

    Description: cid:image001.png at 01CC81E2.512C46F0

    *From:*Lori Schulman

    *Sent:* Tuesday, June 24, 2014 9:21 AM

    *To:* 'Kathy Kleiman'; 'Avri Doria (avri at acm.org<mailto:avri at acm.org> <mailto:avri at acm.org>)'

    *Cc:* 'Rudi Vansnick (rudi.vansnick at isoc.be<mailto:rudi.vansnick at isoc.be>

    <mailto:rudi.vansnick at isoc.be>)'; 'Rafik Dammak

    (rafik.dammak at gmail.com<mailto:rafik.dammak at gmail.com> <mailto:rafik.dammak at gmail.com>)'

    *Subject:* RE: Draft CRP WG Charter - 25 May 2014

    *Importance:* High

    Dear All,

    Attached is the amendment with the name of the UN list corrected.  I

    didn't catch that last night.   I went to the UN link that Avri

    provided and literally copied the title.  There is a redline with

    the corrected version and then a "clean" redline.  This should go to

    the GNSO Council.  This was clearly a drafting error.

    Lori

    *Lori S. Schulman** General Counsel

    1703 North Beauregard Street

    Alexandria, VA  22311-1714

    P 703-575-5678 * Lori.Schulman at ascd.org<mailto:Lori.Schulman at ascd.org> <mailto:Lori.Schulman at ascd.org>

    Description: cid:image001.png at 01CC81E2.512C46F0

    *From:*Lori Schulman

    *Sent:* Monday, June 23, 2014 4:41 PM

    *To:* 'Kathy Kleiman'; Avri Doria (avri at acm.org<mailto:avri at acm.org> <mailto:avri at acm.org>)

    *Cc:* Rudi Vansnick (rudi.vansnick at isoc.be<mailto:rudi.vansnick at isoc.be>

    <mailto:rudi.vansnick at isoc.be>); Rafik Dammak

    (rafik.dammak at gmail.com<mailto:rafik.dammak at gmail.com> <mailto:rafik.dammak at gmail.com>)

    *Subject:* RE: Draft CRP WG Charter - 25 May 2014 (3) with LS Edit

    I like these changes.  Thanks for expanding.  I especially like the

    "research who already owns marks."  Good Luck at the GNSO.

    *Lori S. Schulman** General Counsel

    1703 North Beauregard Street

    Alexandria, VA  22311-1714

    P 703-575-5678 * Lori.Schulman at ascd.org<mailto:Lori.Schulman at ascd.org> <mailto:Lori.Schulman at ascd.org>

    Description: cid:image001.png at 01CC81E2.512C46F0

    *From:*Kathy Kleiman [mailto:kathy at kathykleiman.com]

    <mailto:[mailto:kathy at kathykleiman.com]>

    *Sent:* Monday, June 23, 2014 3:45 PM

    *To:* Lori Schulman; Avri Doria (avri at acm.org<mailto:avri at acm.org> <mailto:avri at acm.org>)

    *Cc:* Rudi Vansnick (rudi.vansnick at isoc.be<mailto:rudi.vansnick at isoc.be>

    <mailto:rudi.vansnick at isoc.be>); Rafik Dammak

    (rafik.dammak at gmail.com<mailto:rafik.dammak at gmail.com> <mailto:rafik.dammak at gmail.com>)

    *Subject:* Re: Draft CRP WG Charter - 25 May 2014 (3) with LS Edit

    Hi All,

    Tx so much to Lori for starting everything. I really appreciate it!

    All, here is an edited version based on considerations of scope and

    limits that we discussed in framing both the UDRP and URS. What do

    you think?

    Best,

    Kathy

    p.s. Lori, again, tx you!  What do you think of the edits?

    Hopefully, I extended and continued your thoughts...

    :

        Dear Avri and Kathy,

        Here is my attempt at a short, hopefully not too debatable,

        amendment to the charter.  My edits and comments are in redline

        form.  I tried to keep it very simple given the issue of time.

        I put 2 new bullet points before the final bullet point under

        "The WG should also include the following additional topics in

        its deliberations:"

        I specifically referenced the Nice Classification system as a

        method of mission differentiation as an optional clause.  My

        thoughts are to leave it out but I wanted to surface the option

        to the group instead of just dismissing it out of hand.  Nice

        has a lot of problems but it is the document that drives

        international classification and may be worth referencing.  I

        will leave that up to you.

        / /

        I believe that this working group should move forward and

        incorporate the principles that we discussed yesterday.  Perhaps

        these few lines will do the trick?

       Please let me know if I can help further.

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