[gnso-rpm-wg] GNSO RPM Working Group Introductions/SOI

Phil Corwin psc at vlaw-dc.com
Tue Mar 29 18:30:24 UTC 2016


Graham:

As Interim Chair of this WG, while I appreciate your participation in it, our work has not yet started, and when it does start our discussions will hopefully be focused on the very substantive and complex work we have before us.

While WG members are of course free to use their experience in domain arbitration and related trademark matters in forming their views and opinions that are transmitted within the context of our discussions and deliberations, this mailing list should not be used to argue specific legal or other disputes that particular WG participants are engaged in with one another, or to make statements that may be construed as personal attacks. I hope you can respect that as we move forward.

Thank you.

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: gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Graham Schreiber via gnso-rpm-wg
Sent: Tuesday, March 29, 2016 1:33 PM
To: Winterfeldt, Brian J.; gnso-rpm-wg at icann.org
Subject: Re: [gnso-rpm-wg] GNSO RPM Working Group Introductions/SOI


Hi Brian & RPM WG:   Cc ADR Forum:





Brain, having now indulged you're love of art, dining and world travel, on the fees ICANN derives from the lowly .COM Domain Name Registrants, to go globetrotting, perhaps you'll tell the Domain Name Registrants participating in this forum why under You're direction & management, You'd have Steptoe LLP inform a Virginia Court that CentralNic's portfolio of FAKE cc.COMs are:  extraterritorial to the Lanham Act?



Why too would you simultaneously inform the Court that Network Solutions aren't violating their Contract to / with Domain Name Registrants, when they re-sell { Infringe ~ Dilute & Blur .COM with uk.com<http://uk.com> ~ eu.COM etc } with their own retail client ~ CentralNic's uk.COM Domain Name.



Informed as I well know you to be, how is the conduct of both you're clients, not Contributory Infringement, Dilution & Blurring; and also Racketeering?



Perhaps in you're capacity as IPC / TM.com Defendant, here in this group { which you should resign from } to be an active Ry/rSG participant ~ explain why Francis Gurry opted to discharge CentralNic as a client, not so very long ago?



The 2nd Part of the question to you, also asks of / includes the "Individual" from the ADR Forum this:   Why I, as a Domain Name Registrant must  "mediate"  with another Domain Name Registrant, who's entire business practice is that of "Inducing" Infringement via SUB.COM<http://SUB.COM> Domain's?



The ADR Forum should know that when CentralNic "registered" uk.COM with NSI, TLD Registrar Solutions & Demys that their obliged to the same ICANN .COM / RAA rules as all others!  Specifically, 3.7.7.9.



Is the ADR Forum unaware that being the:  solution or remedy to a problem created by the person who contracts them, CentralNic, in the fist degree ~ to solve the problem they created, becoming apparent to the Complainant, through the 2nd Degree, not then actively engaging in Racketeering?



To all the other participants in this RPM-WG, I presume / reasonably expect, that you'd all know the .COM is subject to VaED Laws.   Given that New Zealander & ICANN'er Mr. Kumar cautions NZ Citizens {and others too} to be aware of their exposure to USA Law, via .COM use.



> http://www.nbr.co.nz/article/have-com-web-address-know-legal-risks-ck-113355



I'd encourage all the American Attorneys in the group to read SCOTUS 14-1480's "Questions Presented" because above all others, it's You're American Law & American Consumers being "dotCONNED".



Stop being scammed by CentralNic; and stop letting them e~VaED proper USA law.    Unless, being the clever con-artists CentralNic are, the've got You Americans charmed, so much so, that the USA has surrender sovereignty to ... The British Empire?!



SCOTUS 14-1480.

https://forum.icann.org/lists/comments-cwg-naming-transition-01dec14/pdf2jYqskzZEs.pdf



In closing, lets remember that under US Common Law, our Marks, Trade Names & Trade Marks are protected in Cyberspace ~ 1st in Use ~ and also that the "NEW gTLDs" are a contracted dimension in Cyberspace, from the NTIA, for ICANN to build and manage in the DNS.



Therefore .... the Trademark Clearing House is also an ICANN racket, as our .COMs = Madrid System equivalent Marks, Trade Names & Trademarks in Cyberspace = In Use, in / with .COM, which mean the default "clearing house" should be the .COM availability list.





Regards to all.





Graham Schreiber.

416.803.4678.



<><><><><><><>



[comments-atrt2-recommendations-21oct13]
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<<< Chronological Index<https://forum.icann.org/lists/comments-atrt2-recommendations-21oct13/index.html#00000> >>><https://forum.icann.org/lists/comments-atrt2-recommendations-21oct13/msg00001.html>        Thread Index<https://forum.icann.org/lists/comments-atrt2-recommendations-21oct13/threads.html#00000> >>><https://forum.icann.org/lists/comments-atrt2-recommendations-21oct13/msg00001.html>
________________________________
ICANN "agreement(s) for / between CentralNic & WIPO ??

  *   To: comments-atrt2-recommendations-21oct13 at xxxxxxxxx
  *   Subject: ICANN "agreement(s) for / between CentralNic & WIPO ??
  *   From: Graham Schreiber <graham_schreiber at xxxxxxxxxxxxxx>
  *   Date: Fri, 25 Oct 2013 10:56:33 -0400

________________________________

Hello ICANN:        cc:   NTIA, DoC, Jones Day, WIPO, Garth Bruen & Senator

Leahy.   [[ 4CCA & VAED - for good measure! ]]





ICANN, c/o Jones Day:    In accordance with your Clients affirmation:

"Whereas, ICANN is committed to operating in an open and transparent manner"

and my Civil Lawsuit # 13-1812, against your client, for failing to enforce the

RAA Sections 3.7.7.3 an 3.7.7.9  ~  I wish to have you oblige my request by

furnishing the "agreement(s) between CentralNic and ICANN ..."  that WIPO is

talking about, just below.



For the thoughtful consideration of parties outside ICANN, I'd like to

illustrate that other Companies have been "victimized" by CentralNic's

"Contributory Infringement" and False Designation ccTLDs, which beyond flaccid

ICANN Rules, are directly violating a United States Law # 15 USC § 1125 - False

designations of origin, false descriptions, and dilution forbidden,



Those four (4) gigantic firms, who've been "fleeced" by WIPO for what amounts

to a "Racket" system, accepted by ICANN, to protect CentralNic are:



WIPO D2009-1741 Coke-a-Cola

WIPO D2013-0746 National Car Rental

WIPO D2011-1416 Oakley Glasses

WIPO D2012-0249 Zippo



From Wikipedia:   A racket is a service that is fraudulently offered to solve a

problem, such as for a problem that does not actually exist, will not be

affected, or would not otherwise exist.  Particularly, the potential problem

may be caused by the same party that offers to solve it, although that fact may

be concealed, with the specific intent to engender continual patronage for this

party.  Source: http://en.wikipedia.org/wiki/Racket_(crime)



As a USPTO  "Registered" Trademark Holder, I fully anticipate my  "Day in

Court"  to be granted  [ Details at 4CCA Case # 13-1812 ]  so that I may bring

this injustice; and chronic harming too USPTO Brands to an end.



Further; and most critically, as catalyst to this information being made

public, it will help the United States Department of Justice,  prevent further

"harm to American consumers" from occurring, which is their sole purpose.



Thank you very much.





Sincerely,



Graham Schreiber, Pro Se.






On Tue, Mar 29, 2016 at 11:06 AM, Winterfeldt, Brian J. via gnso-rpm-wg <gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>> wrote:
Dear all:

I am an intellectual property attorney and partner in a large international law firm (Mayer Brown LLP), and generally divide my time between our New York and Washington DC offices.  My practice primarily focuses on domestic and international trademark law, Internet governance, and domain name matters including both brand protection and advising new gTLD registry operators (including of both .Brand and open generic new gTLDs).  Our firm is an authorized Trademark Clearinghouse agent, and we frequently represent clients in a range of industries on internet related matters, including domain name disputes, such as the UDRP and various ccTLD domain dispute processes.

I am a member of the ICANN Intellectual Property Constituency (IPC), for which I recently concluded a four year term as a GNSO Councilor, and have previously served as the IPC Treasurer.   I currently also serve on the Board of Directors of the International Trademark Association (INTA), am a member of the project team for the 2016 INTA Annual Meeting, serve as special advisor for INTA’s Internet Committee and previously served four years as co-chair of INTA’s Trademark Administrators Committee Internet Project Team.

I have authored and co-authored numerous articles in the fields of trademark law, domain name issues, and Internet governance, and speak frequently on these issues.

My full professional biography can be found here<https://www.mayerbrown.com/people/Brian-Winterfeldt/>, and my ICANN Statement of Interest can be found here<https://community.icann.org/display/gnsosoi/Brian+Winterfeldt+SOI>.

I very much look forward to working with you all in the context of this Working Group.

Best regards,

Brian

Brian J. Winterfeldt
Co-Head of Global Brand Management and Internet Practice
Mayer Brown LLP
bwinterfeldt at mayerbrown.com<mailto:bwinterfeldt at mayerbrown.com>
1999 K Street, NW
Washington, DC  20006-1101
202.263.3284<tel:202.263.3284> direct dial
202.830.0330<tel:202.830.0330> fax

1221 Avenue of the Americas
New York, New York  10020-1001
212.506.2345<tel:212.506.2345> direct dial



On Mar 25, 2016, at 10:04 AM, Mary Wong via gnso-rpm-wg <gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>> wrote:
Thank you so much, George, and hello everybody, welcome to the Policy Development Process Working Group that’s been chartered by the GNSO Council to review all the rights protection mechanisms (RPMs) that have been developed for all gTLDs!

Staff will be working with our interim WG chair and Council liaison, Philip Corwin, to set up the first meeting of the Working Group, currently anticipated to be sometime around mid-April. Some of you will have already participated in previous GNSO Working Groups, while others may be less familiar with the procedures and expectations, so staff will also be scheduling a webinar at around the same time to go over the GNSO Policy Development Process (PDP) and the GNSO’s Working Group Guidelines.

In the meantime, given that there are indeed a large number of members and observers to this Working Group, it will be helpful if others follow George’s lead and take the opportunity to introduce yourselves, your expertise and interest in this PDP, to everyone via this email list. As with all GNSO mailing lists, all messages are publicly archived so you will be able to look up others’ (and your own) information and postings.

Finally, if you haven’t already filled in your Statement of Interest - which is one of the few requirements for participation in a GNSO Working Group - we would greatly appreciate it if you can do so at your earliest convenience. Please follow this link to either create a new SOI or update an existing one: https://community.icann.org/x/cYLg.



Thanks and cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names and Numbers (ICANN)
Email: mary.wong at icann.org<mailto:mary.wong at icann.org>
Telephone: +1-603-5744889<tel:%2B1-603-5744889>







On 3/25/16, 12:53, "gnso-rpm-wg-bounces at icann.org<mailto:gnso-rpm-wg-bounces at icann.org> on behalf of George Kirikos via gnso-rpm-wg" <gnso-rpm-wg-bounces at icann.org<mailto:gnso-rpm-wg-bounces at icann.org> on behalf of gnso-rpm-wg at icann.org<mailto:gnso-rpm-wg at icann.org>> wrote:

Just to followup on my earlier "introduction" email, it appears that
this working group is up to 129 participants (and counting), see:

https://community.icann.org/pages/viewpage.action?pageId=58729950

(92 members + 37 observers) It's great to see some familiar names, and
some new ones too.

As folks relax over this long holiday weekend, you might want to take
a moment to introduce yourself to your fellow working group
participants with a short email to the list, for what I hope will be a
very productive PDP.

Best regards,

George Kirikos
416-588-0269<tel:416-588-0269>
http://www.leap.com/


On Tue, Mar 22, 2016 at 5:15 PM, George Kirikos <icann at leap.com<mailto:icann at leap.com>> wrote:
Hi folks,

(resending the email from this morning, as the mailing list now
appears to be working properly)

I've followed ICANN for many years, and am volunteering on this
working group as an independent. My Statement of Interest is at:

https://community.icann.org/display/gnsosoi/George+Kirikos+SOI

I look forward to a review and reform of RPMs in such a manner that >
the interests of domain name registrants and due process are
understood, represented, and reflected in the final
analysis/recommendations.

Sincerely,

George Kirikos
416-588-0269<tel:416-588-0269>
http://www.leap.com/
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