[CWG-Stewardship] [client com] IPR Memo

[Mueller, Milton L]

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

> If I were ICANN and about to hand over the TM, I would want to see something 
> stronger than just "hold", but perhaps to lawyers that is sufficient to imply will 
> police and defend.

Alan, you seem to be starting from the assumption that ICANN is the natural and appropriate steward of the marks, and IETF Trust must somehow prove its worthiness of handling them. But I have not seen an argument from you, or from anyone on this list, as to why ICANN is a more appropriate steward compared to the IETF, which invented the term and the functions of IANA and has referred to it thousands of times in its RFCs going back decades.  I don't think there is any evidence that the integrity of the IANA trademarks are important to ICANN or essential to its core mission of policy development for names. I think there is a very obvious argument as to why the concept and identity of IANA are essential to the  mission and activities of the IETF. On the merits, the burden of proof lies on ICANN to show why it should be holding the marks at all. At the very least, let's apply the same standard to ICANN that we are applying to the IETF Trust. 

--MM