Nathalie Peregrine:Dear all, welcome to the IGO-INGO Curative Rights Protection PDP WG Meeting on the 21 January 2015
Philip Corwin:Good morning or whatever to all who are joining the call
George Kirikos:Hi everyone.
George Kirikos:The Adobe took 2 tries to load. Very odd.
Val Sherman:Hello everyone
George Kirikos:Hi Val.
Kristine Dorrain-NAF:Hello everyone! Just a pre-apology...I have to cut out early, in 1/2 hour.
Mary Wong:@Kristine, thanks for the head's up. If you have comments on the agenda items that we don't get to before you drop off, would you mind typing them here in chat or sending an email?
Mary Wong:We will draft a proposed agenda for the chairs and WG before next week's call, to review/discuss/edit.
Petter Rindforth:Kristine, if you have time, please e-mail me/us your comments on point 3
Nathalie Peregrine:Kathy Kleiman and gary Campbell have joined the call
Mary Wong:Note that when acknowledging receipt of the response, we also noted that the WG has since proceeded with a deeper analysis of 6ter per Phil's summary - so there ought not to be any further misunderstanding as to the
nature of 6ter protctions.
George Kirikos:Signatories are countries --- not the public, not ICANN, etc.
George Kirikos:NYSE and NASDAQ issue stock symbols. They're not signatories either (and stock symbols are not trademarks, just like domain names are not TMs).
George Kirikos:Article 6ter, *and* common law.
George Kirikos:1/2 the ICANN reserved IGO names weren't in Article 6ter DB.
George Kirikos:So, presumably even ICANN and the GAC were saying tht the other half were "common law."
Mary Wong:@George, yes - the GAC's list of IGOs is not limited to/determined by notification under 6ter. The GAC defined IGOs as inter-governmental orgs having international legal personality and who are protected under one
or more international treaty(ies)
Mary Wong:TRIPS = Agreement on Trade-Related Aspects of Intellectual Property Rights (one of the WTO Agreements from 1994)
Nathalie Peregrine:Nat Cohen has joined the audio bridge
Kathy Kleiman:So where did GAC get its IGO list - do we know?
Mary Wong:That is in the GAC letter enclosing the IGO list, sent in April 2013
George Kirikos:But, there are some marks in the Article 6ter DB that ICANN hasn't reserved.
George Kirikos:Are these the "less important" IGOs? :0
George Kirikos::-)
Kathy Kleiman:Perhaps a good topic of discussion with GAC members (perhaps the letter writers?)
George Kirikos:A treaty between Angola and Kenya might create an IGO, but it shouldn't impact a registrant in Canada or the USA.
Kathy Kleiman:@George, good point
Jay Chapman:George, you comment leads to the question - How does an org become an IGO? How wide and deep can the IGO list become?
George Kirikos:Prevention could happen by making the TMCH apply to existing gTLDs.
George Kirikos:Since, most folks would be completely unaware of most of these IGOs.
Kathy Kleiman:I think the URS is not a good fit for the type of discussion taking place -- because the URS is intended for "quick and easy" decisions and this (IGOs) is fairly complicated (as our many discussions have shown)
-- a much better match with UDRP, I think, than URS.
Nathalie Peregrine:Alexander Lehrman has joined the audio bridge
Kathy Kleiman:@Mary, what's an alternate word to "rights"??
George Kirikos:Perhaps use the word "privilege"
Mary Wong:@Kathy, we are more concerned with using descriptions like "common law rights". The word "rights" has multiple connotations, and in the legal literature can be contrasted with concepts such as "privileges", "liberties"
and so on (channeling Hohfeld from my law prof days :))
Kathy Kleiman:@Mary, I think Phil's explanation makes sense -- a 6ter mark appears to have the limited rights to fight against abusive and misleading uses within the context of trademark offices, etc
Mary Wong:We suggest sticking with the description (not definition) "protections" for now ...
George Kirikos:ICANN does block IGO registrations on that special list.
George Kirikos:(e.g. eco.horse is blocked)
Mary Wong:@Kathy, that makes sense too - so as long as the WG uses that word/phrase in its full meaning that will be clear.
Kathy Kleiman:"prevention is not foolproof" -- I like this!
George Kirikos:Note that IGOs haven't shown how their needs for online fraud and confusion are "special" relative to any other entity concerned about the same thing, nor have they provided any data on the extent of existing
alleged abuse.
George Kirikos:World Bank waived their 'immunity' and brought a successful UDRP.
Mary Wong:Thanks for sending a substantive response so quickly, George!
George Kirikos:Paul Keating couldn't make it, but was opposed to amendment.
George Kirikos:(he sent an email to the list earlier today)
George Kirikos:Is next week just admin stuff for Singapore? (i.e. next steps?)
George Kirikos:Perhaps folks can give their thoughts on the 'thought experiment' on the mailing list, if there's a 2 week gap to the next substantive meeting.
Kathy Kleiman:Tx you - very interesting discussion today!
Mary Wong:@George, good idea - we will send a reminder to the list
Mary Wong:There are a few others signed up who are not on the call today
Val Sherman:David Heasley and Jim Bikoff will also join remotely
George Kirikos:Have a wonderful day, everyone!
Val Sherman:Thanks Phil. Thanks all!
Jay Chapman:Good day all
Gary Campbell:Bye