[CWG-Stewardship] ICG request concerning IANA trademark and iana.org domain name

[Mwendwa Kivuva]

On 22 June 2015 at 17:21, Andrew Sullivan <ajs at anvilwalrusden.com> wrote:

> Hi,
>
> On Mon, Jun 22, 2015 at 11:33:56AM -0300, Andrew Sullivan wrote:
> >
> > For whatever it's worth, Jari and I (with our IETF and IAB hats on)
> > asked the IAOC to ask the IETF's counsel for his view (this is within
> > Jorge's area of specialization).  I've asked him to review some of the
> > discussion on the list as well.  I observe that one of the things the
> > Trust does is hold the marks for the IETF.
>
> Jorge got back to us already, and he had some observations.  I'll
> summarise.
>
> He observed that there should be no legal impediment to the IETF Trust
> holding the mark.  The IETF Trust could hold the mark and license it
> as appropriate to all the relevant entities, in much the way that
> Disney licenses marks for (e.g.) clothes or toys, neither of which
> Disney makes itself.
>
> He also observed that there might be questions about the Trust's
> ability to manage a mark, but noted that the IETF Trust has been doing
> as much for some time for other marks it holds.  Assuming the Trust is
> prepared to take on the burden, there's no reason to suppose it
> couldn't manage the mark.
>
> So, it seems to me we have at least one lawyer who thinks there would
> not be a legal impediment to undertaking this, at least in respect of
> trademark law.  (I think the use of the iana.org domain name is less
> problematic, since there surely couldn't be a legal impediment to any
> organization acting as registrant there.  At least, I hope we all
> agree about that.)  I observe that the IETF Trust (and the IETF
> itself) has not expressed a preference for the disposition of the
> trademark or domain name, though it has expressed its willingness to
> hold them if that is useful.
>
> Finally, I will point out something that was posted to another mailing
> list.  In a message to ianaplan at ietf.org, Bob Hinden pointed out that
> the IETF Trust's charter extends past IETF materials.  Article II of
> the Trust Agreement says this:
>
>     Such purposes include, but are not limited to, the advancement of
>     education and public interest by acquiring, holding, maintaining
>     and licensing certain existing and future intellectual property
>     and other property used in connection with the Internet standards
>     process and its administration, for the advancement of the science
>     and technology associated with the Internet and related
>     technology.
>
> Bob argues that the operation of IANA lands pretty squarely in the
> scope of, "[A]dvancement of the science and technology associated with
> the Internet," so the Trust might well therefore be an appropriate
> place.
>
> Therefore, it seems to me that the question of whether the trademark
> and the domain name _can_ be moved may be answered in the affirmative.
> In addition, it seems to me that the question of whether the trademark
> and domain name _should_ me moved could be answered in the affirmative
> too.
>
> Best regards,
>
> A (speaking only for myself, as ever)
>

Thank you Andrew. This is very important information, especially on the
Charter of the IETF Trust.

Sincerely,



______________________
Mwendwa Kivuva, Nairobi, Kenya

"There are some men who lift the age they inhabit, till all men walk on
higher ground in that lifetime." - Maxwell Anderson
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