[IOT] Fwd: IRP-IOT call 8 August 2023: Agenda

Mike Rodenbaugh mike at rodenbaugh.com
Tue Aug 29 18:52:07 UTC 2023


resurfacing this thread

[image: Logo]

Mike Rodenbaugh

address:

548 Market Street, Box 55819

San Francisco, CA 94104

email:

mike at rodenbaugh.com

phone:

+1 (415) 738-8087


---------- Forwarded message ---------
From: Becky Burr <becky.burr at board.icann.org>
Date: Tue, Aug 22, 2023 at 10:48 AM
Subject: Re: [IOT] IRP-IOT call 8 August 2023: Agenda
To: Mike Rodenbaugh <mike at rodenbaugh.com>
Cc: Becky Burr <BBurr at hwglaw.com>, IOT at ICANN.ORG <iot at icann.org>


that seems workable, Mike.

On Tue, Aug 22, 2023 at 1:15 PM Mike Rodenbaugh via IOT <iot at icann.org>
wrote:

> Hi Becky, (copying in the list, as I suspect you intended)
>
> I agree with your point that 'materially affected' is somewhat
> subjective.  How about this?
>
> where the gTLD string that is the subject of the IRP is the same as, or is
> a translation, transliteration or IDN of, or is a plural of, the
> applied-for string
>
> [image: Logo]
>
> Mike Rodenbaugh
>
> address:
>
> 548 Market Street, Box 55819
>
> San Francisco, CA 94104
>
> email:
>
> mike at rodenbaugh.com
>
> phone:
>
> +1 (415) 738-8087
>
>
> On Tue, Aug 22, 2023 at 7:37 AM Becky Burr <BBurr at hwglaw.com> wrote:
>
>> "materially affecting" is ambiguous and will no doubt lead to further
>> disputes.  I would be more comfortable if the standard required ICANN to
>> notify an applicant where the string that is the subject of the IRP is the
>> same as or merely a plural of the applied for string.
>>
>>
>>
>> J. Beckwith Burr
>>
>> HWG LLP | 1919 M Street N.W. | Washington, D.C. 20036
>>
>> office: +1 202 730 1316 | mobile: +1 202 352 6367
>>
>> bburr at hwglaw.com  | hwglaw.com
>>
>>
>> ------------------------------
>> *From:* IOT <iot-bounces at icann.org> on behalf of Arasteh via IOT <
>> iot at icann.org>
>> *Sent:* Tuesday, August 22, 2023 4:07:45 AM
>> *To:* Mike Rodenbaugh
>> *Cc:* iot at icann.org
>> *Subject:* Re: [IOT] IRP-IOT call 8 August 2023: Agenda
>>
>> Dear all
>> I could agree with Mike for the second case but DISAGREE for tge first
>> case
>> In  the first example the application was terminated inappropriately due
>> to an invalid decision mixing up  a  an unfounded political
>> Claim created from a political slogan in 1956 which did not have any
>> valid ground
>> The applicant should have strongly objected to the IRP conclusions
>> Regards
>> Arasteh
>> Envoyé de mon iPhone
>>
>> Le 21 août 2023 à 22:51, Mike Rodenbaugh via IOT <iot at icann.org> a
>> écrit :
>>
>> 
>> As discussed on our call last week, I propose that the Rules require
>> ICANN to notify gTLD applicants of an IRP complaint that seeks relief
>> materially affecting their  application.  The time period for the notified
>> applicants to file a request for intervention would begin on the notice
>> date.
>>
>> We have seen two scenarios in the first round.
>>
>> 1. IRP Claimant is not an applicant.  This happened re the .PersianGulf
>> TLD application.  IRP filed by a government requesting ICANN to terminate
>> the application.
>>
>> 2.  IRP Claimant is applicant within a Contention Set.  This happened
>> many times, including re .Merck, .Hotel and .Web.
>>
>> ICANN knows how to notify all gTLD applicants, as contact info is
>> required in each application.  And, ICANN can easily tell from the face of
>> an IRP complaint whether it seeks relief that would materially affect a
>> gTLD application.  In such cases, ICANN should provide notice to the
>> affected applicants and allow them opportunity to intervene.
>>
>> [image: Logo]
>>
>> Mike Rodenbaugh
>>
>> address:
>>
>> 548 Market Street, Box 55819
>>
>> San Francisco, CA 94104
>>
>> email:
>>
>> mike at rodenbaugh.com
>>
>> phone:
>>
>> +1 (415) 738-8087
>>
>>
>> On Tue, Aug 8, 2023 at 9:29 AM Susan Payne via IOT <iot at icann.org> wrote:
>>
>>> All
>>>
>>> I am attaching a comparison document between the ICDR rule on
>>> Consolidation and the small team proposal.  The column on the left has a
>>> high level summary and the full text of the ICDR rule; on the right is the
>>> equivalent for the Small team’s proposed IRP Supplementary procedures and
>>> also gives a high level indication of how the current rules deal.
>>>
>>>
>>>
>>> I produced this for my own benefit to assist when reviewing the ICDR
>>> process, but think that it could actually help us to structure our
>>> discussion on agenda item 3.  There is no need to have reviewed this
>>> therefore in advance, but it will hopefully be a convenient way to display
>>> the relevant texts.
>>>
>>>
>>>
>>> Susan Payne
>>> Head of Legal Policy
>>> Com Laude
>>> *T* +44 (0) 20 7421 8250
>>> *Ext* 255
>>>
>>> <https://comlaude.com/>
>>> <image007.png>
>>>
>>>
>>> *We are pleased to launch our new YouTube channel
>>> <https://t-uk.xink.io/Tracking/Index/bhkAAGVfAADw_RQA0>*
>>>
>>> *From:* IOT <iot-bounces at icann.org> *On Behalf Of *Susan Payne via IOT
>>> *Sent:* Monday, August 7, 2023 5:44 PM
>>> *To:* iot at icann.org
>>> *Subject:* [IOT] IRP-IOT call 8 August 2023: Agenda
>>>
>>>
>>>
>>> All, please see below the agenda for our call tomorrow
>>>
>>>
>>>
>>>    1. Review agenda and updates to SOIs
>>>    2. Action items:
>>>       - BT to circulate text of the ICDR rule on consolidation
>>>
>>>                                                                i.      Done:
>>> Art 8 Consolidation (page 18)
>>>
>>>    - All to review, with particular regard to the consolidation process
>>>       and role of the consolidation arbitrator and come to the meeting ready to
>>>       discuss
>>>    1. Discussion on the ICDR process for consolidation
>>>    2. Continue review and discussion of other elements of the small
>>>    team’s proposed revision to Rule 7, to the extent not addressed by the
>>>    above
>>>    3. AOB
>>>    4. Next call 15 August 1800 UTC
>>>
>>>
>>>
>>>
>>>
>>> Susan Payne
>>> Head of Legal Policy
>>>
>>> <https://comlaude.com/>
>>> <image008.png>
>>>
>>>
>>> 28-30 Little Russell Street,
>>> London WC1A 2HN, UK
>>> *T* +44 (0) 20 7421 8250
>>> *Ext* 255
>>>
>>> *comlaude.com <http://comlaude.com/>*
>>>
>>> *We are pleased to launch our new YouTube channel
>>> <https://t-uk.xink.io/Tracking/Index/bhkAAFJfAADw_RQA0>*
>>>
>>> * <image009.png> * <https://www.linkedin.com/company/com-laude>
>>> * <image010.png> * <https://twitter.com/comlaude?lang=en>
>>> * <image011.png> * <https://www.facebook.com/ComLaude/>
>>> * <image012.png> * <https://www.youtube.com/@comlaude>
>>>
>>> <image013.jpg>
>>>
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>>> intended recipient. They may not be disclosed, used by or copied in any way
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>>> message in error, please return it to the sender (deleting the body of the
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>>> not accept any responsibility for viruses and it is your responsibility to
>>> scan or otherwise check this email and any attachments. The Com Laude Group
>>> does not accept liability for statements which are clearly the sender's own
>>> and not made on behalf of the group or one of its member entities. The Com
>>> Laude Group is a limited company registered in England and Wales with
>>> company number 10689074 and registered office at 28-30 Little Russell
>>> Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ
>>> Limited t/a Com Laude, a company registered in England and Wales with
>>> company number 5047655 and registered office at 28-30 Little Russell
>>> Street, London, WC1A 2HN England; Valideus Limited, a company registered in
>>> England and Wales with company number 6181291 and registered office at
>>> 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a
>>> company registered in Scotland with company number SC197176 and registered
>>> office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland;
>>> Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation
>>> incorporated in the State of Washington and principal office address at
>>> Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com
>>> Laude (Japan) Corporation, a company registered in Japan with company
>>> number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku,
>>> Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered
>>> in Spain and registered office address at Calle Barcas 2, 2, Valencia,
>>> 46002, Spain. For further information see www.comlaude.com
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