[NRO-IANAXFER] IANA IPR considerations

Roger Jørgensen rogerj at gmail.com
Wed Dec 24 10:29:47 CET 2014


On Tue, Dec 23, 2014 at 3:48 PM, Richard Hill <rhill at hill-a.ch> wrote:
> Indeed, it seems to me that it would be logical, and consistent with the
> history of the use of the IANA name, to transfer both the IANA trademark and
> the IANA.ORG domain name to the IETF Trust, as outlined below.

Hello Richard,

Seems we're having this discussion here to. Maybe this is the right place?

Anyhow - as said elsewhere (IETF IANAPLAN), it make little sense to
have a  trademark/domain/ownership in the hand of the operator.

So yes, someone should get the IANA trademark and domain
transferred somewhere else than with ICANN.



--- Roger J ---

> Best,
> Richard
>
> -----Original Message-----
> From: ianaxfer-bounces at nro.net [mailto:ianaxfer-bounces at nro.net]On Behalf Of
> Avri Doria
> Sent: mardi, 23. décembre 2014 15:41
> To: ianaxfer at nro.net
> Subject: Re: [NRO-IANAXFER] IANA IPR considerations
>
> Hi,
>
> One of the suggestion made by the ICANN Non Commercial Stakeholder Group
> (NCSG) in its CWG-Stewardship comments is that:
>
> As a precaution we suggest that discussions be held with the IETF Trust,
> regarding
> the domain name iana.org and suggesting that it hold the name for use by the
> names,
> numbers and protocols directories. Any changes to the use of the domain name
> should be agreed to by all operational communities.
>
>
>
> avri
>
> On 23-Dec-14 06:13, Richard Hill wrote:
>
> Please see below.
>
> Thanks and best,
> Richard
>
> -----Original Message-----
> From: ianaxfer-bounces at nro.net [mailto:ianaxfer-bounces at nro.net]On
> Behalf Of Alan Barrett
> Sent: mardi, 23. decembre 2014 11:44
> To: ianaxfer at nro.net
> Subject: Re: [NRO-IANAXFER] IANA IPR considerations
>
>
> On Tue, 23 Dec 2014, Richard Hill wrote:
>
> I support this approach and suggested way forward.
>
> (But I don't think that it can be said the ICANN should have no claim
> on the associated IPR - they own the IANA mark. Rather, I think it can
> be said that ICANN will allow appropriate use of the associated IPR.)
>
> The IANA mark was in use long before ICANN existed.
>
> Yes, but it was not registered.  ICANN registered the mark.
>
> In my opinion,
> ICANN has no rights to the mark other than by virtue of their role as
> operator of the IANA services,
>
> No, ICANN owns the registered mark.
>
> and if ICANN were to cease being the
> operator of the IANA services, then they should cease to have any rights
> to use of the IANA mark.  In my personal opinion, this principle should
> be codified.
>
> What happens if only part of the IANA functions cease to be provided by
> ICANN?  Surely ICANN should be allowed to continue to use the IANA mark for
> those functions that it does provide?
>
> There are various ways of dealing with the situation. For example, the new
> contract for the IANA function can specify that ICANN will allow a successor
> to use its mark.  Or that ICANN will agree to transfer the mark if there is
> a transfer of the IANA function.
>
> Alternatively, the mark could be transferred as part of the current process,
> for example to a new entity, if some new entity is created.  Or to a
> consortium of existing entities, which might include the RIRs.
>
> As you (Alan) correctly said at the beginning, the codification of the
> principle can be worked out by the legal team.
>
> --apb (Alan Barrett)
>
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-- 

Roger Jorgensen           | ROJO9-RIPE
rogerj at gmail.com          | - IPv6 is The Key!
http://www.jorgensen.no   | roger at jorgensen.no



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