[Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique

Thu Nov 6 03:04:44 UTC 2014

I agree, and I think would be unlikely to substantially improve the ability of IGOs to protect their identifiers (and, as a practical matter, would most likely mean that the policy process would take substantially longer). In short, I think it is a poor choice. 

But regardless, the GAC seems very intent on that direction. I've spoken a few times to the GAC on this issue, and they seem undeterred. 

David

On 6 Nov 2014, at 7:16 am, Paul Keating <paul at law.es> wrote:

> I honestly believe a separate IGO CRP would be a mess.  It would entail a cross-gtld CRP based solely on the domain regardless of extension.  It would also conflict directly with the cctld process, which is different in several instances (.eu, .co.uk, etc). 
> 
> Regards,
> 
> Paul Keating
> 
> On 05 Nov 2014, at 11:37 pm, Lori Schulman <lori.schulman at ascd.org> wrote:
> 
>> Although I am new to this discussion, I think that based on what I have read and heard so far, the GAC may be talking about a new CRP for IGO’s.  IGO’s should be accorded CRP due to their special status.  This would be a logical conclusion from the statement that they oppose any changes to the UDRP especially given that trademark registration/ownership is the cornerstone to standing.
>>  
>>  
>> Lori S. Schulman · General Counsel
>> 1703 North Beauregard Street
>> 
>> Alexandria, VA  22311-1714
>> 
>> P 703-575-5678 · Lori.Schulman at ascd.org
>> <image001.jpg>
>> 
>>  
>>  
>> From: gnso-igo-ingo-crp-bounces at icann.org [mailto:gnso-igo-ingo-crp-bounces at icann.org] On Behalf Of Phil Corwin
>> Sent: Wednesday, November 05, 2014 5:29 PM
>> To: Paul Tattersfield
>> Cc: gnso-igo-ingo-crp at icann.org
>> Subject: Re: [Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique
>>  
>> I guess we could drill down a bit on the substance/procedures matter – although my guess is that they haven’t even thought about it, and were meaning to say that they want a new CRP for IGOs rather than any modified version of the UDRP.
>>  
>> What do others think?
>>  
>> Philip S. Corwin, Founding Principal
>> Virtualaw LLC
>> 1155 F Street, NW
>> Suite 1050
>> Washington, DC 20004
>> 202-559-8597/Direct
>> 202-559-8750/Fax
>> 202-255-6172/cell
>>  
>> Twitter: @VlawDC
>>  
>> "Luck is the residue of design" -- Branch Rickey
>>  
>> From: Paul Tattersfield [mailto:gpmgroup at gmail.com] 
>> Sent: Wednesday, November 05, 2014 5:13 PM
>> To: Phil Corwin
>> Cc: Mason Cole; gnso-igo-ingo-crp at icann.org
>> Subject: Re: [Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique
>>  
>> Mason's wording is very good. Do you guys think it would be worth building on Mason’s wording to try and ascertain if the GAC's proposed prohibition on UDRP changes is for substantive changes only or if they are seeking to prohibit procedural changes too?
>>  
>> Yours sincerely,
>>  
>>  
>> Paul
>>  
>> On Wed, Nov 5, 2014 at 9:49 PM, Phil Corwin <psc at vlaw-dc.com> wrote:
>> Mason:
>>  
>> Given that you have the delicate task of interfacing with the GAC, I think your proposed minor modifications are fine.
>>  
>> Best, Philip
>>  
>> Philip S. Corwin, Founding Principal
>> Virtualaw LLC
>> 1155 F Street, NW
>> Suite 1050
>> Washington, DC 20004
>> 202-559-8597/Direct
>> 202-559-8750/Fax
>> 202-255-6172/cell
>>  
>> Twitter: @VlawDC
>>  
>> "Luck is the residue of design" -- Branch Rickey
>>  
>> From: Mason Cole [mailto:mason at donuts.co] 
>> Sent: Wednesday, November 05, 2014 3:50 PM
>> To: Phil Corwin
>> Cc: gnso-igo-ingo-crp at icann.org
>> Subject: Re: [Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique
>> Importance: High
>>  
>> Phil --
>>  
>> In my capacity as liaison, let me suggest an edit or two in the bullet point in question that might give us better luck in getting some useful information from the GAC:
>>  
>> In regard to the issue of potential amendment of the UDRP – It would be instructive to know the GAC’s rationale for opposing any UDRP amendments as a means of providing IGOs with access to curative rights. Further, in opposing such amendments, does the GAC thus advise the GNSO to preclude any  possible change to its "Mutual Jurisdiction" provisions to address specific sovereign immunity concerns of IGOs? Finally, if it is the GAC’s position that an entirely new curative rights mechanism must be created,  is it the GAC's understanding that the protections afforded to qualifying IGOs under Article 6ter of the Paris Convention would be the criteria for establishing standing under any dispute resolution procedure that may apply to IGOs?
>>  
>> On Nov 5, 2014, at 11:56 AM, Phil Corwin wrote:
>>  
>> 
>> WG members:
>>  
>> Please find attached a revised draft letter to the GNSO Council regarding the LA GAC Communique that reflects our discussion earlier today.
>>  
>> The only changes are to the second bullet point on page 3.
>>  
>> PLEASE LET US KNOW IF THESE CHANGES ARE ACCEPTABLE WITHIN THE NEXT 24 HOURS. WE WANT TO FORARD THIS LETTER TO THE COUNCILL ASAP TO MAXIMIZE THE POSSIBILITY THAT IT WILL BE ADDED TO THE AGENDA FOR ITS MEETING NEXT THURSDAY.
>>  
>> Thanks in advance.
>>  
>> Best, Philip
>>  
>> Philip S. Corwin, Founding Principal
>> Virtualaw LLC
>> 1155 F Street, NW
>> Suite 1050
>> Washington, DC 20004
>> 202-559-8597/Direct
>> 202-559-8750/Fax
>> 202-255-6172/cell
>>  
>> Twitter: @VlawDC
>>  
>> "Luck is the residue of design" -- Branch Rickey
>>  
>> <ICANN-IGO_INGO_CRWG-Letter to GNSO Council-LA_GAC_Advice-draft#2.docx>_______________________________________________
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>> Mason Cole 
>> VP Communications & Industry Relations
>> Donuts Inc.
>> ………………………………
>> ……
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>> mason at donuts.co
>> Ofc +1 503 908 7623
>> Cell +1 503 407 2555
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