[Gnso-igo-ingo-crp] MP3 IGO WG - Wednesday, 10 December 2014 at 1700 UTC

[Nathalie Peregrine]

Dear All,


Please find the MP3 recording for IGO-INGO Access to Curative Rights Protection Mechanisms Working Group call on Wednesday, 10 December 2014  at 1700 UTC at:

http://audio.icann.org/gnso/gnso-igo-ingo-crp-access-2014121<http://audio.icann.org/gnso/gnso-igo-ingo-crp-access-20141203-en.mp3>0-en.mp3
 On page:
http://gnso.icann.org/en/group-activities/calendar#dec

The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page:
http://gnso.icann.org/calendar/

Attendees:
George Kirikos - Individual
Petter Rindforth – IPC
Phil Corwin – BC
Kristine Dorrain- Individual
Nat Cohen - BC
Mason Cole – RySG
David Maher – RySG
Paul Keating – NCUC
Val Sherman - IPC
David Heasley - IPC
Susan Kawaguchi – BC
Osvaldo Novoa - ISPCP

Apologies:
Mary Wong

ICANN staff:
Berry Cobb
Steve Chan
Nathalie Peregrine

** Please let me know if your name has been left off the list **

Mailing list archives: http://mm.icann.org/pipermail/gnso-igo-ingo-crp/

Wiki page:
https://community.icann.org/x/97rhAg


Thank you.
Kind regards,
Nathalie Peregrine

-------------------------------


 Adobe Connect chat transcript for Wednesday, 10 December 2014:

    Nathalie  Peregrine:Dear all, welcome to the  IGO-INGO Curative Rights Protection PDP WG Meeting on the 10 December 2014

  George Kirikos:Hi everyone.
  George Kirikos:Is there a meeting next week? I believe Hannukah starts next Tuesday, although I'm not sure if that'll affect any of our participants/members.
  Paul Keating:hello all.
  George Kirikos:Hi Paul.
  Petter Rindforth:We will discuss that during this meeting - we plan to have just a short update meeting
  Osvaldo Novoa:Hello all, sorry I am late.
  George Kirikos:Welcome, Osvaldo.
  Philip Corwin:Hello all
  Steve Chan:sorry all, let me put up the current version
  George Kirikos:Petter: were you able to clarfiy the email to the IPC mailing list?
  Nathalie  Peregrine:Nat Cohen is on the audio bridge
  George Kirikos:It looks like it hasn't been sent to the Business Constituency yet (their mailing list is public athttp://forum.icann.org/lists/bc-gnso/ )
  Paul Keating:I think the registrars should recieve a copy as well since any change to the UDRP would require a change to the RA.
  George Kirikos:Paul might be on mute?
  George Kirikos:*6 to mute/unmute, I think.
  Nathalie  Peregrine:@ Paul, you need to activate your AC mic, as you are not on the audio bridge
  Philip Corwin:I believe the plan is to send to all SGs and Acs, including registrar SG
  Paul Keating:I will through my MAC to the sea.  Can you see my and George's comment.
  George Kirikos:I think it's going to every constituency, correct?
  Paul Keating:thank you.
  Philip Corwin:I have not seen on BC list yet, public or private
  Paul Keating:I will get this right one day :-(
  George Kirikos:I had another question? (re the update?)
  George Kirikos:Did we get anything back from the IGOs or the GAC yet?
  Steve Chan:Confirmed, the letter was sent to the BC. That chair may not have circulated to the wider group yet.
  Philip Corwin:Steve, when you get a chance please circulate the finakl version of the letter as sent out so everyone can have for their records? Thanks
  George Kirikos:Thanks Steve.
  Steve Chan:@phil, sure thing
  George Kirikos:http://www.wipo.int/amc/en/domains/decisions/html/2002/d2002-0222.html
  Paul Keating:But the UDRP is founded in trademark law as noted by the WIPO White Paper.
  Paul Keating:Any inclusion of non-trademark rights would require a substantive change to the 1st Element of the Policy.
  Paul Keating:Phil, There is also nothing to stop UDRP Panels from treating their names as if Common Law Trademarks.......   I see no reason to deal with this given the substantial nature of changes that would be required.
  George Kirikos:The UNITAID example I gave last week also had a TM: http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2012-1922
  Kristine Dorrain-NAF:I don't speak for IGOs but I suspect a concern is phishing.  a legitimate business owning and operating IDEA.com is very different from some random person using it to divert funds, etc.
  Paul Keating:Peter, that is not a correct statement.  Those UDRPs dealing with famous names were based ONLY on trademark.
  Paul Keating:I agree with George.
  Jay Chapman:agree with George as well
  Paul Keating:@Kristine,  such issues are really well beyond the scope of a UDRP.
  George Kirikos:It would be more of an anti-impersonation policy. I think that can still be handled via the UDRP.
  Paul Keating:Phil,  Janu 6/7 however is a very big day in Europe (Epiphany) and is actually more important than Christmas for many people.
  Kristine Dorrain-NAF:UDRP routinely handles phishing cases.  If the IGO has a common law mark and the domain name owner is targeting that mark, even with an arguably "generic" word like IDEA, a high number of panelists are going to transfer that name to stop the harm.
  Paul Keating:@Kristine, yes but only as a function of finding bad faith and lack of LI.  It is not used as a substitute for finding a trademark.
  George Kirikos:Yes. It won't stop folks from phishing via "fake-hhhh.biz" for IDEA (to give an example), since "IDEA" doesn't appear within the domain.
  Paul Keating:I agree with Phil
  Kristine Dorrain-NAF:I was not saying a new policy is needed.  I just answering the question about why an IGO might go after something "generic" like IDEA.  Just one reason.
  George Kirikos:(i.e. they couldn't get relief for that via the UDRP). But, that'd be a very different DRP.
  Kristine Dorrain-NAF:correct.  UDRP does not deal with content.  Which is a different problem.  :)
  Paul Keating:I suggest we use next week to focus on Sov. Immunity and deal with teh trademark issue in January
  Paul Keating:I am sorry but I must go to a client board call.  Thank you to all and have a great weekend.
  George Kirikos:I think Paul Tattersfield had checked a few already.
  George Kirikos:(via TMView, etc.)
  George Kirikos:Have a great day, everyone.
  Mason Cole:So long
  Kristine Dorrain-NAF:Thanks everyong
  Petter Rindforth:Thanks to you all!

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