[CWG-Stewardship] [client com] IPR Memo

Alan Greenberg alan.greenberg at mcgill.ca
Wed Aug 5 22:32:45 UTC 2015


Milton, you are free to assume anything you want about my mindset. 
That does not make it so.

Alan

At 05/08/2015 06:28 PM, Mueller, Milton L wrote:


>-----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



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