Dear All, Please find the MP3 recording for IGO-INGO Access to Curative Rights Protection Mechanisms Working Group call on Wednesday, 10 December 2014 at 1700 UTC at: http://audio.icann.org/gnso/gnso-igo-ingo-crp-access-2014121<http://audio.icann.org/gnso/gnso-igo-ingo-crp-access-20141203-en.mp3>0-en.mp3 On page: http://gnso.icann.org/en/group-activities/calendar#dec The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/calendar/ Attendees: George Kirikos - Individual Petter Rindforth – IPC Phil Corwin – BC Kristine Dorrain- Individual Nat Cohen - BC Mason Cole – RySG David Maher – RySG Paul Keating – NCUC Val Sherman - IPC David Heasley - IPC Susan Kawaguchi – BC Osvaldo Novoa - ISPCP Apologies: Mary Wong ICANN staff: Berry Cobb Steve Chan Nathalie Peregrine ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-igo-ingo-crp/ Wiki page: https://community.icann.org/x/97rhAg Thank you. Kind regards, Nathalie Peregrine ------------------------------- Adobe Connect chat transcript for Wednesday, 10 December 2014: Nathalie Peregrine:Dear all, welcome to the IGO-INGO Curative Rights Protection PDP WG Meeting on the 10 December 2014 George Kirikos:Hi everyone. George Kirikos:Is there a meeting next week? I believe Hannukah starts next Tuesday, although I'm not sure if that'll affect any of our participants/members. Paul Keating:hello all. George Kirikos:Hi Paul. Petter Rindforth:We will discuss that during this meeting - we plan to have just a short update meeting Osvaldo Novoa:Hello all, sorry I am late. George Kirikos:Welcome, Osvaldo. Philip Corwin:Hello all Steve Chan:sorry all, let me put up the current version George Kirikos:Petter: were you able to clarfiy the email to the IPC mailing list? Nathalie Peregrine:Nat Cohen is on the audio bridge George Kirikos:It looks like it hasn't been sent to the Business Constituency yet (their mailing list is public athttp://forum.icann.org/lists/bc-gnso/ ) Paul Keating:I think the registrars should recieve a copy as well since any change to the UDRP would require a change to the RA. George Kirikos:Paul might be on mute? George Kirikos:*6 to mute/unmute, I think. Nathalie Peregrine:@ Paul, you need to activate your AC mic, as you are not on the audio bridge Philip Corwin:I believe the plan is to send to all SGs and Acs, including registrar SG Paul Keating:I will through my MAC to the sea. Can you see my and George's comment. George Kirikos:I think it's going to every constituency, correct? Paul Keating:thank you. Philip Corwin:I have not seen on BC list yet, public or private Paul Keating:I will get this right one day :-( George Kirikos:I had another question? (re the update?) George Kirikos:Did we get anything back from the IGOs or the GAC yet? Steve Chan:Confirmed, the letter was sent to the BC. That chair may not have circulated to the wider group yet. Philip Corwin:Steve, when you get a chance please circulate the finakl version of the letter as sent out so everyone can have for their records? Thanks George Kirikos:Thanks Steve. Steve Chan:@phil, sure thing George Kirikos:http://www.wipo.int/amc/en/domains/decisions/html/2002/d2002-0222.html Paul Keating:But the UDRP is founded in trademark law as noted by the WIPO White Paper. Paul Keating:Any inclusion of non-trademark rights would require a substantive change to the 1st Element of the Policy. Paul Keating:Phil, There is also nothing to stop UDRP Panels from treating their names as if Common Law Trademarks....... I see no reason to deal with this given the substantial nature of changes that would be required. George Kirikos:The UNITAID example I gave last week also had a TM: http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2012-1922 Kristine Dorrain-NAF:I don't speak for IGOs but I suspect a concern is phishing. a legitimate business owning and operating IDEA.com is very different from some random person using it to divert funds, etc. Paul Keating:Peter, that is not a correct statement. Those UDRPs dealing with famous names were based ONLY on trademark. Paul Keating:I agree with George. Jay Chapman:agree with George as well Paul Keating:@Kristine, such issues are really well beyond the scope of a UDRP. George Kirikos:It would be more of an anti-impersonation policy. I think that can still be handled via the UDRP. Paul Keating:Phil, Janu 6/7 however is a very big day in Europe (Epiphany) and is actually more important than Christmas for many people. Kristine Dorrain-NAF:UDRP routinely handles phishing cases. If the IGO has a common law mark and the domain name owner is targeting that mark, even with an arguably "generic" word like IDEA, a high number of panelists are going to transfer that name to stop the harm. Paul Keating:@Kristine, yes but only as a function of finding bad faith and lack of LI. It is not used as a substitute for finding a trademark. George Kirikos:Yes. It won't stop folks from phishing via "fake-hhhh.biz" for IDEA (to give an example), since "IDEA" doesn't appear within the domain. Paul Keating:I agree with Phil Kristine Dorrain-NAF:I was not saying a new policy is needed. I just answering the question about why an IGO might go after something "generic" like IDEA. Just one reason. George Kirikos:(i.e. they couldn't get relief for that via the UDRP). But, that'd be a very different DRP. Kristine Dorrain-NAF:correct. UDRP does not deal with content. Which is a different problem. :) Paul Keating:I suggest we use next week to focus on Sov. Immunity and deal with teh trademark issue in January Paul Keating:I am sorry but I must go to a client board call. Thank you to all and have a great weekend. George Kirikos:I think Paul Tattersfield had checked a few already. George Kirikos:(via TMView, etc.) George Kirikos:Have a great day, everyone. Mason Cole:So long Kristine Dorrain-NAF:Thanks everyong Petter Rindforth:Thanks to you all!