[Gnso-igo-ingo-crp] Next steps for our Working Group and our Initial Report

Thu Dec 22 22:24:22 UTC 2016

Thanks George,

I think your suggested "might have trademarks" would be clearer than the
original "might own trademarks".

Incorporating this, the suggested changes would be from:

*In addition, both processes were originally designed to be mechanisms to
protect the rights of trademark owners, and while some IGOs and INGOs might
own trademarks in either their organizational names or acronyms or both,
this is not necessarily true in all cases.*

To new wording of

In addition, both processes were designed to be mechanisms to protect the marks
of rights holders, and while some IGOs and INGOs might have trademarks in
either their organizational names or acronyms or both, this is not
necessarily true in all cases.

Best regards,

Paul

On Thu, Dec 22, 2016 at 5:23 PM, George Kirikos <icann at leap.com> wrote:

> Regarding Paul Tattersfield's comments for Page 3, I think the second part
> of the  wording should stand. i.e. for "might own trademarks" vs. "may have
> registered trademarks" we should lean towards the current wording, because
> (a) unregistered trademarks were still protected via UDRP/URS, and (b) one
> of the main conclusions in this PDP was to clarify that even Article 6ter
> registrations would/should satisfy the standing requirements of the
> UDRP/URS, and strictly speaking those aren't always exactly equivalent to
> trademarks (they're more of a limited blocking right).
>
> Or, perhaps the wording could change from "might own trademarks" to "might
> have trademarks" (i.e. to cover both registered and unregistered scenarios
> more clearly, if "ownership" implies registered marks alone).
>
> Sincerely,
>
> George Kirikos
> 416-588-0269 <(416)%20588-0269>
> http://www.leap.com/
>
>
> On Thu, Dec 22, 2016 at 12:06 PM, Paul Tattersfield <gpmgroup at gmail.com>
> wrote:
>
>>
>> Page 3 Executive Summary – 2nd paragraph Last sentence
>>
>>
>>
>> *In addition, both processes were originally designed to be mechanisms to
>> protect the rights of trademark owners, and while some IGOs and INGOs might
>> own trademarks in either their organizational names or acronyms or both,
>> this is not necessarily true in all cases.*
>>
>>
>>
>> Suggested new wording
>>
>> In addition, both processes were designed to be mechanisms to protect the marks
>> of rights holders, and while some IGOs and INGOs may have registered
>> trademarks in either their organizational names or acronyms or both, this
>> is not necessarily true in all cases.
>>
>>
>>
>> Notes:
>>
>>
>> 1) Remove the word ‘originally’ as the process has not changed since
>> inception.
>>
>>
>>
>> 2) UDRP and URS are designed to protect the marks of all rights holders
>> by preventing the underlying goods and services from being infringed. This
>> is an incredibly important distinction and failing to understand and make
>> this distinction has real world inequitable consequences.
>>
>>
>>
>> 3) Again the words “might own trademarks” is misleading in this context
>> and should be replaced with “may have registered”.
>>
>>
>>
>>
>> A further few minor changes:
>>
>>
>> Page 10 [Capitalization]
>>
>> 4. The WG found that, as of end-2015, the United Nations Economic and
>> Social Council (ECOSOC) list of non-governmental organizations in
>> consultative status consists of nearly 4,000 organizations, of which 147
>> organizations were in general consultative status, 2,774 in special
>> consultative status, and 979 on the Roster. The WG notes that there might
>> be many more organizations not presently on the ECOSOC list who might claim
>> the right to utilize any new curative rights process created for INGOs. The
>> WG felt that the sheer scale of INGOs, in combination with the factors
>> cited above, weighed against the creation of a special DRP for INGOs.
>> especially as they could not be readily differentiated from other
>> private parties, including other non-profit organizations.
>>
>>
>> Page 12 [Plural/singular]
>> Subsequently, interim second-level protections for certain RC and IOC
>> and for a specific list of IGO names and acronyms provided by the GAC was
>> granted in response to advice from the GAC.
>>
>> It is important to note that the second-level protections noted above
>> were granted on an interim basis to allow new gTLDs to begin launching
>> while policy development and consultations continued on the topic of what
>> would be the appropriate second level protections for RC and IOC names and
>> acronyms, and IGO acronyms.
>>
>>
>>
>> Page 18 [Singular/plural]
>>
>> For example, certain jurisdictions may have legislative language which
>> limit the extent of IGO jurisdictional immunity to the “privileges and
>> immunities as are reasonably necessary for the fulfilment of their
>> functions”.
>>
>>
>>
>> Page 29 [Remove comma]
>>
>> The WG’s agreed text for its preliminary recommendation, the two options
>> under consideration, and further elaboration on the nature of Professor
>> Swaine’s expert views44, are set out in fuller detail under
>> Recommendation #4 in Section 2, above.
>>
>>
>> Page 32 [Spelling]
>>
>> In June 2015, the co-chairs of this WG met with the GAC Chair and two GAC
>> vice-chairs at the ICANN meeting in Buenos Aires to discuss the progress of
>> work on IGO curative rights protections and to encourage participation in
>> the WG by GAC members; agin, no GAC member elected to become a WG
>> member. In July 2015, representatives of the IGO Small Group
>>
>>
>> Page 34 [Add space]
>> The following is a comparative table showing the differences between the
>> specific details of the IGO Small Group Proposal concerning curative rights
>> and the WG’s agreed preliminary recommendations following its review of the
>> Proposal, as well as notes on the WG’s rationale for its decisions. The
>> community is invited to comment on the recommendations and notes, and all
>> input provided will be taken into account by the WGin preparing its
>> final recommendations.
>>
>>
>>
>>
>>
>> On Thu, Dec 15, 2016 at 5:51 PM, Mary Wong <mary.wong at icann.org> wrote:
>>
>>> Hello everyone,
>>>
>>>
>>>
>>> As Phil notes, the Working Group members who were on the call that just
>>> ended have agreed on the following timeline for the publication of our
>>> Initial Report:
>>>
>>>
>>>
>>> ·         *Thursday 22 December 2016 – deadline for submitting any
>>> other comments or edits you may have on the draft* that was circulated
>>> (attached again here as a PDF document). Please send your comments and
>>> edits to this email list to allow all other members to view them, and to
>>> ensure that we do not lose anyone’s comments on what is a fairly long
>>> document.
>>>
>>>
>>>
>>> ·         End of first week of January 2017 – staff to circulate an
>>> updated version of the draft, as a proposed final version of the Initial
>>> Report.
>>>
>>>
>>>
>>> ·         End of second week of January 2017 (7 days from circulation
>>> of the proposed final document) – deadline for Working Group members to
>>> send final comments (which are expected to be mostly typographical or
>>> editorial at that stage).
>>>
>>>
>>>
>>> ·         Beginning of third week of January 2017 (latest) – staff to
>>> publish Initial Report for public comment, for the minimum mandatory 40-day
>>> period (note that the Working Group can decide to extend the duration of
>>> the comment period if there is a request from the community to do so)
>>>
>>>
>>>
>>> ·         Late February 2017 – close of public comment period (unless
>>> extended).
>>>
>>>
>>>
>>> ·         11-16 March 2017 – ICANN58 in Copenhagen; Working Group to
>>> hold open session to discuss its review of public comments and any
>>> potential changes to its preliminary recommendations with the community.
>>>
>>>
>>>
>>> ·         Following ICANN58 – Working Group to complete Final Report
>>> and submit it to the GNSO Council for the Council’s review and action.
>>>
>>>
>>>
>>> The Working Group co-chairs will determine, in consultation with staff
>>> and the Working Group, whether to hold a webinar (i.e. an information
>>> session) 2-3 weeks after the publication of the Initial Report, to explain
>>> the preliminary recommendations and take questions from the community.
>>>
>>>
>>>
>>> The Working Group co-chairs will also determine the date of the next
>>> Working Group meeting. This is likely to occur toward the end of the public
>>> comment period, unless a number of substantive comments are sent in early
>>> on.
>>>
>>>
>>>
>>> Thanks to everyone for all the work that has gone into this PDP – staff
>>> would like to take this opportunity to also wish you all a very happy new
>>> year!
>>>
>>>
>>>
>>> Cheers
>>>
>>> Mary
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> *From: *<gnso-igo-ingo-crp-bounces at icann.org> on behalf of Phil Corwin <
>>> psc at vlaw-dc.com>
>>> *Date: *Friday, December 16, 2016 at 01:35
>>> *To: *Lori Schulman <lschulman at inta.org>, "gnso-igo-ingo-crp at icann.org"
>>> <gnso-igo-ingo-crp at icann.org>
>>> *Subject: *Re: [Gnso-igo-ingo-crp] My apologies for today's call
>>>
>>>
>>>
>>> No need to, Lori, as the call just ended.
>>>
>>>
>>>
>>> Staff will be circulating an email on next steps and publication plans.
>>>
>>>
>>>
>>> *All WG members will have until one week from today, 12/22, to suggest
>>> any final edits of the draft, and should do so by email to the entire list.*
>>>
>>>
>>>
>>> Best regards, Philip
>>>
>>>
>>>
>>> *Philip S. Corwin, Founding Principal*
>>>
>>> *Virtualaw LLC*
>>>
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>>>
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>>>
>>> *202-559-8597 <(202)%20559-8597>/Direct*
>>>
>>> *202-559-8750 <(202)%20559-8750>/Fax*
>>>
>>> *202-255-6172 <(202)%20255-6172>/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 *Lori Schulman
>>> *Sent:* Thursday, December 15, 2016 12:14 PM
>>> *To:* gnso-igo-ingo-crp at icann.org
>>> *Subject:* [Gnso-igo-ingo-crp] My apologies for today's call
>>>
>>>
>>>
>>> I have 2 working group calls scheduled at the same time.  I will try to
>>> jump on to the last half of the CRP call.
>>>
>>>
>>>
>>> Happy Holiday!
>>>
>>>
>>>
>>> Lori Schulman
>>>
>>> Senior Director, Internet Policy
>>>
>>> *International Trademark Association*
>>>
>>> 1250 Connecticut Avenue, Suite 200
>>>
>>> Washington DC, USA
>>>
>>> +1-202-704-0408 <(202)%20704-0408>, skype: lsschulman
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