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

Thu Nov 6 19:55:53 UTC 2014

I also support to keep the question. Hopefully we can get a response to it as well...

Best,Petter

-- 
Petter Rindforth, LL M

Fenix Legal KB
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Thank you

6 november 2014, Lori Schulman <lori.schulman at ascd.org> skrev:
> 
> I support keeping the question in the letter. In my view, the more that we can frame the issue with relevant questions, the better.
> 
> 
> Lori S. Schulman· General Counsel
> 1703 North Beauregard Street
> Alexandria, VA 22311-1714
> P 703-575-5678 ·<Lori.Schulman at ascd.org> cid:image001.png at 01CC81E2.512C46F0
> 
> 
> From:gnso-igo-ingo-crp-bounces at icann.org [mailto:gnso-igo-ingo-crp-bounces at icann.org] On Behalf OfPhil Corwin
> Sent: Thursday, November 06, 2014 1:04 PM
> To: Jim Bikoff; 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
> 
> Jim:
> 
> It does seem that the GAC wants us to create an entirely new curative rights process for IGOs.
> 
> However, my sense of this WG is that its members would only go down that difficult road if it is determined that the UDRP and URS cannot be utilized by IGOs at present, or after appropriate and accommodating modifications – and then only if we determine that IGOs possess globally recognized and active (as opposed to passive blocking) rights similar to those of trademark that could be the basis of a new CRP. Further, this WG is established and operates per a GNSO Council resolution that directs us several times to consider amendments to the UDRP/URS.
> 
> So I am not ruling out the possibility of a new CRP because we have not yet reached a decision on that – but one of the points of the letter is to ask the GNSO Council to diplomatically inform the GAC that this WG will operate in an objective and comprehensive way per its authorizing Resolution, and that we will not create a new CRP simply because the GAC desires that outcome but will do only if we determine that it is the only means of providing a viable means of redress to IGOs and has a substantial legal basis. Therefore, I believe that sentence should remain in the letter.
> 
> Those are my personal views and other WG members should feel free to chime in.
> 
> Best, Philip
> 
> Philip S. Corwin, Founding Principal
> Virtualaw LLC
> 1155 F Street, NW
> Suite 1050
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> Twitter: @VlawDC
> 
> "Luck is the residue of design" -- Branch Rickey
> 
> From:Jim Bikoff [mailto:jbikoff at sgbdc.com <jbikoff at sgbdc.com>]
> Sent: Thursday, November 06, 2014 12:49 PM
> To: Phil Corwin; <gnso-igo-ingo-crp at icann.org>
> Subject: [Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique
> 
> Phil,
> 
> Some non-substantive comments to the revised draft letter to the Council regarding the GAC communique are attached.
> 
> We do question the inclusion of the question on the second page that asks whether the GAC has "considered that an inability to amend the UDRP would preclude any possible change to its "Mutual Jurisdiction" provisions to address specific sovereign immunity concerns of IGOs". It seems that the new IGO-specific curative rights mechanism GAC seeks would already address sovereign immunity concerns. Given that all IGOs have these concerns, they would presumably all opt to use the new CRM.
> 
> Jim
> 
> James L. Bikoff
> Silverberg, Goldman & Bikoff, LLP
> 1101 30th Street, NW
> Suite 120
> Washington, DC 20007
> Tel: 202-944-3303
> Fax: 202-944-3306
> <jbikoff at sgbdc.com>
> 
> 
> 
> 
> 
> From:<gnso-igo-ingo-crp-bounces at icann.org> [gnso-igo-ingo-crp-bounces at icann.org] on behalf of Petter Rindforth [petter.rindforth at fenixlegal.eu]
> Sent: Thursday, November 06, 2014 3:45 AM
> To: George Kirikos
> 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
> George,
> 
> Good idea! (at least worth a try ;-)
> 
> Formal question: Who will officially arrange for such invitation - ICANN Staff, GNSO Council, or??
> 
> Best,
> Petter
> 
> -- 
> Petter Rindforth, LL M
> 
> Fenix Legal KB
> Stureplan 4c, 4tr
> 114 35 Stockholm
> Sweden
> Fax: +46(0)8-4631010
> Direct phone: +46(0)702-369360
> E-mail: <petter.rindforth at fenixlegal.eu>
> <http://www.fenixlegal.eu>
> 
> 
> NOTICE
> This e-mail message is intended solely for the individual or individuals to whom it is addressed. It may contain confidential attorney-client privileged information and attorney work product. If the reader of this message is not the intended recipient, you are requested not to read, copy or distribute it or any of the information it contains. Please delete it immediately and notify us by return e-mail.
> Fenix Legal KB, Sweden, <http://www.fenixlegal.eu>
> Thank you
> 6 november 2014, George Kirikos <<icann at leap.com>> skrev:
> > Hello,
> > 
> > The revised draft letter looks fine to me.
> > 
> > On another note, I noticed that the GAC website lists all the "observers":
> > 
> > <https://gacweb.icann.org/display/gacweb/GAC+Observers>
> > 
> > with most of their contact information. To disintermediate, perhaps we
> > should extend an invitation to the IGO observers (there are a few
> > non-IGOs, e.g. Red Cross) to see whether they'd join our working
> > group?
> > 
> > Sincerely,
> > 
> > George Kirikos
> > 416-588-0269
> > <http://www.leap.com/>
> > _______________________________________________
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> > <Gnso-igo-ingo-crp at icann.org>
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