[Gnso-igo-ingo-crp] FW: Agenda and documents for next WG call on Wednesday 10 June
Paul Keating
Paul at law.es
Fri Jun 12 17:32:24 UTC 2015
Just FYI, I am fine with my letter with Jim's comment and George's edit as
noted by Jim in his last email. Perhaps ICANN staff could volunteer to
re-assemble a clean copy with those changes noted for re-circulation. It
can be difficult at times to trace all of the various changes.
PRK
From: Phil Corwin <psc at vlaw-dc.com>
Date: Friday, June 12, 2015 6:24 PM
To: Paul Keating <paul at law.es>, "Bikoff, James" <jbikoff at sgrlaw.com>,
"gnso-igo-ingo-crp at icann.org" <gnso-igo-ingo-crp at icann.org>
Subject: RE: [Gnso-igo-ingo-crp] FW: Agenda and documents for next WG call
on Wednesday 10 June
> It’s good to see our WG members so actively engaged.
>
> When those who are refining the draft feel they have reached a consensus can
> you please circulate it in that form for Co-Chair and staff review? thanks
>
>
> 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: gnso-igo-ingo-crp-bounces at icann.org
> [mailto:gnso-igo-ingo-crp-bounces at icann.org] On Behalf Of Paul Keating
> Sent: Friday, June 12, 2015 8:25 AM
> To: Bikoff, James; gnso-igo-ingo-crp at icann.org
> Subject: Re: [Gnso-igo-ingo-crp] FW: Agenda and documents for next WG call on
> Wednesday 10 June
>
>
> Jim,
>
>
>
> Excellent edits. I agree with them entirely with the exception of the
> following comments.
>
>
>
> Your Comment 1. I think is important guidance that making it
> clear that litigation is an available option at any time and that panelists
> are not required to stay or dismiss a UDRP/URS in favor of litigation. As an
> aside, while I have not seen such treatment following a UDRP, I do note that
> in the DRS realm, post DRS litigation is prohibited by the decision in the
> Emirates case.
>
>
>
> Your Comment 2. I think it may be important to the expert that
> IGOs affirmatively seek trademark-like protection under the Convention. In
> fact we may also point out they are of course free to formally register marks
> under national laws AND that they may also assert common law t trademark
> rights in the context of a UDRP.
>
>
>
> Thus, perhaps we co ild add something such as the following:
>
>
>
> "IGOs also remain free to pursue traditional
> trademark registration under national registration systems. In the UDRP
> context, a complainant may rely upon either a registered trademark or common
> law trademark rights.
>
>
>
> Your Comment 3. Excellent point. I think the question duplicates
> the 1st and should be deleted. Our only concern is the UDRP/URS context.
> Whether or not immunity is waived by merely asserting trademark rights in a
> (non-UDRP/URS) demand is not relevant to our work.
>
>
>
> Regards,
>
>
>
> Paul
>
>
>
> From: "Bikoff, James" <jbikoff at sgrlaw.com>
> Date: Thursday, June 11, 2015 11:48 PM
> To: "gnso-igo-ingo-crp at icann.org" <gnso-igo-ingo-crp at icann.org>
> Subject: [Gnso-igo-ingo-crp] FW: Agenda and documents for next WG call on
> Wednesday 10 June
>
>
>>
>>
>> Hello all,
>>
>> Attached are our suggestions. As it appears that most, if not all, of us
>> agree with comments made by Paul, we’ve based our comments on his version.
>>
>> Regards,
>>
>> Jim
>>
>>
>> From:gnso-igo-ingo-crp-bounces at icann.org
>> [mailto:gnso-igo-ingo-crp-bounces at icann.org] On Behalf Of Poncelet Ileleji
>> Sent: Thursday, June 11, 2015 10:28 AM
>> To: Jay Chapman
>> Cc: gnso-igo-ingo-crp at icann.org
>> Subject: Re: [Gnso-igo-ingo-crp] Agenda and documents for next WG call on
>> Wednesday 10 June
>>
>>
>> Same here I concur with George
>> Kind Regards
>> Poncelet.
>>
>>
>>
>>
>>
>> On 11 June 2015 at 14:25, Jay Chapman <jay at digimedia.com> wrote:
>> I agree with George as well.
>>
>> Jay
>>
>> On Jun 10, 2015 8:35 AM, "Paul Keating" <Paul at law.es> wrote:
>> I agree with George on these which is why my suggested revisions removed
>> these proposed questions.
>>
>> PRK
>>
>> On 6/10/15 2:09 PM, "George Kirikos" <icann at leap.com> wrote:
>>
>>> >For point/question #3, in particular:
>>> >
>>> >"What if the Mutual Jurisdiction requirement specified that, to apply
>>> >to IGOs, it has to be a jurisdiction of one of its member states?"
>>> >
>>> >I don't see how this could ever be acceptable to registrants. For
>>> >example, for a North American registrant using a North American
>>> >registrar, an IGO consisting of member states from Iran, Iraq, Syria
>>> >and Turkey might place the "mutual jurisdiction" in one of those 4
>>> >countries that have absolutely nothing to do with the registrant,
>>> >rather than in North America.
>>> >
>>> >The same would apply to the rest of point #3, i.e. allowing the IGO to
>>> >"forum shop" by selecting a jurisdiction of a member state. For a
>>> >court to even have jurisdiction over a registrant, there must be some
>>> >connection to the underlying dispute and parties. That has normally
>>> >been (a) location of registrant, (b) location of registrar, or (c)
>>> >location of registry operator.
>>> >
>>> >I know these are just 'exploratory' questions, but I don't see why any
>>> >legitimacy should be attached to ad hoc proposals like the above by
>>> >submitting them to 'experts' in the first place. This should be about
>>> >fact-finding, not an informal 'negotiation' with IGOs.
>>> >Conclusions/solutions should flow from the facts. Putting out possible
>>> >'solutions' first, and then trying to come up with some 'rationale' to
>>> >justify them later is the wrong way to do things, in my opinion.
>>> >
>>> >Sincerely,
>>> >
>>> >George Kirikos
>>> >416-588-0269 <tel:416-588-0269>
>>> >http://www.leap.com/
>>
>>
>>> >
>>> >
>>> >On Tue, Jun 9, 2015 at 11:34 AM, Mary Wong <mary.wong at icann.org> wrote:
>>>> >> Dear WG members,
>>>> >>
>>>> >> The proposed agenda for our next meeting, scheduled for Wednesday 10
>>>> >>June,
>>>> >> is as follows:
>>>> >>
>>>> >> Roll call/updates to SOI
>>>> >> Discuss and finalize questions for independent legal expert (see
>>>> >>attached
>>>> >> for draft document from the WG co-chairs)
>>>> >> Planning for WG meeting in Buenos Aires/next steps
>>>> >>
>>>> >>
>>>> >> It may be that we will not need the full hour; however, Petter and Phil
>>>> >> would like the group to have this call prior to the open meeting we are
>>>> >> scheduled to have in Buenos Aires, on Wednesday 24 June at 10.00 a.m.
>>>> >>ART
>>>> >> (local time). For those WG members who will not be present in Buenos
>>>> >>Aires,
>>>> >> the usual remote participation facilities will be available, and we¹ll
>>>> >>send
>>>> >> call-in and other details prior to the date.
>>>> >>
>>>> >> Thanks and cheers
>>>> >> Mary
>>>> >>
>>>> >> Mary Wong
>>>> >> Senior Policy Director
>>>> >> Internet Corporation for Assigned Names & Numbers (ICANN)
>>>> >> Telephone: +1 603 574 4889 <tel:%2B1%20603%20574%204889>
>>>> >> Email: mary.wong at icann.org
>>>> >>
>>>> >>
>>>> >>
>>>> >> _______________________________________________
>>>> >> Gnso-igo-ingo-crp mailing list
>>>> >> Gnso-igo-ingo-crp at icann.org
>>>> >> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
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>> Attorney at Law
>>
>>
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