Dear all:
I wanted to clarify that the mechanisms we are discussing in connection with the motion and PDP WG, namely the UDRP, the URS, and any newly developed mechanism for IGOs, are all administrative alternative dispute resolution mechanisms, rather than arbitration mechanisms. There is an important legal distinction between the two that we should recognize and adopt in our discussions.
The UDRP and URS are contractual administrative mechanisms for resolving disputes outside of national courts. Conversely, arbitration awards are inter alia enforceable in national courts. See Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York (June 10, 1958).
I do not believe this subtle point necessitates any changes to the draft Charter. I just wanted to add some clarity to guide our Council discussions, and perhaps PDP WG deliberations.
Thank you,
Brian
Brian J. Winterfeldt
Head of Internet Practice
Katten Muchin Rosenman LLP
-----Original Message-----
From: Winterfeldt, Brian J.
Sent: Tuesday, June 24, 2014 6:47 PM
To: Marano, Phillip V.
Subject: FW: [council] Fwd: FW: Draft CRP WG Charter - 25 May 2014
________________________________________
Sent: Tuesday, June 24, 2014 1:44:44 PM (UTC-05:00) Eastern Time (US & Canada)
Subject: [council] Fwd: FW: Draft CRP WG Charter - 25 May 2014
A revised revision of the charter that corrects one mistake.
avri
-------- Original Message --------
Subject: FW: Draft CRP WG Charter - 25 May 2014
Date: Tue, 24 Jun 2014 08:58:43 -0700
Hello ladies – are you planning to send this to the Council for discussion this evening? Thanks!
Date: Tuesday, June 24, 2014 at 2:31 PM
Subject: FW: Draft CRP WG Charter - 25 May 2014
FYI – just sent
*Lori S. Schulman*· General Counsel
1703 North Beauregard Street
Alexandria, VA 22311-1714
*From:*Lori Schulman
*Sent:* Tuesday, June 24, 2014 9:21 AM
*Subject:* RE: Draft CRP WG Charter - 25 May 2014
*Importance:* High
Dear All,
Attached is the amendment with the name of the UN list corrected. I
didn’t catch that last night. I went to the UN link that Avri
provided and literally copied the title. There is a redline with
the corrected version and then a “clean” redline. This should go to
the GNSO Council. This was clearly a drafting error.
Lori
*Lori S. Schulman*· General Counsel
1703 North Beauregard Street
Alexandria, VA 22311-1714
*From:*Lori Schulman
*Sent:* Monday, June 23, 2014 4:41 PM
*Subject:* RE: Draft CRP WG Charter - 25 May 2014 (3) with LS Edit
I like these changes. Thanks for expanding. I especially like the
“research who already owns marks.” Good Luck at the GNSO.
*Lori S. Schulman*· General Counsel
1703 North Beauregard Street
Alexandria, VA 22311-1714
*Sent:* Monday, June 23, 2014 3:45 PM
*Subject:* Re: Draft CRP WG Charter - 25 May 2014 (3) with LS Edit
Hi All,
Tx so much to Lori for starting everything. I really appreciate it!
All, here is an edited version based on considerations of scope and
limits that we discussed in framing both the UDRP and URS. What do
you think?
Best,
Kathy
p.s. Lori, again, tx you! What do you think of the edits?
Hopefully, I extended and continued your thoughts...
:
Dear Avri and Kathy,
Here is my attempt at a short, hopefully not too debatable,
amendment to the charter. My edits and comments are in redline
form. I tried to keep it very simple given the issue of time.
I put 2 new bullet points before the final bullet point under
“The WG should also include the following additional topics in
its deliberations:”
I specifically referenced the Nice Classification system as a
method of mission differentiation as an optional clause. My
thoughts are to leave it out but I wanted to surface the option
to the group instead of just dismissing it out of hand. Nice
has a lot of problems but it is the document that drives
international classification and may be worth referencing. I
will leave that up to you.
/ /
I believe that this working group should move forward and
incorporate the principles that we discussed yesterday. Perhaps
these few lines will do the trick?
Please let me know if I can help further.
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classroom. Attend the ASCD Conference on Teaching Excellence, June
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