ICANN Board dismisses NCSG reconsideration request on ICANN violating process by adopting TM+50 policy

[marie-laure Lemineur]

Dear all,

Just an idea.....I don´t know if it is a good one but.....While I was
reading the recommendation of the BGC, and bearing in mind what we
discussed yesterday during our conference call, it struck me that we could
follow the BGC suggestion/idea as quoted p.11 :

  "Third, the Chair of the GNSO Council’s response that the previously
abusive name issue is “best addressed as a policy concern” does not mean
that staff has done more than implementation or that staff has contradicted
an existing policy or process. Instead it actually confirms the absence of
clear Policy from the GNSO beyond Recommendation 3. The staff approach was
conservative, and there is nothing that cannot be undone.* The GNSO is free
to initiate a Policy Development Process in this area to recommend a new
Policy. If such GNSO Policy concurs with the current implementation
approach, then there should be no issue. If an eventual adopted Policy does
not agree with the current approach, the approach can be overturned.**"*

Request a new PDP on the matter...

Of course, this does not exclude that we can also move forward in parallel
and file for an Independent Review Panel  OR we can decide to choose the
new PDP option/strategy and forget about the Panel Review....

Best,

Marie-laure
 On Wed, Jul 3, 2013 at 12:32 PM, Robin Gross <robin at ipjustice.org> wrote:

>
> ICANN New gtld program committee adopted BGC's revised rationale
> dismissing NCSG's request for reconsideration.  We should file for an
> Independent Review Panel determination and ask ICANN and/or the arbitrators
> to waive our costs, which are otherwise prohibitive.  There is no
> accountability "within" ICANN, as this situation has demonstrated.  We need
> to go outside of ICANN to get any constraints on ICANN's lawlessness.  -
> Robin
>
> 2 July 2013 - Resolution Approved by ICANN Board New GTLD Cmte:
>
>
> http://www.icann.org/en/groups/board/documents/resolutions-new-gtld-02jul13-en.htm#1.a
> Revised BGC Recommendation on Reconsideration Request 13-3
>
> Whereas, the Noncommercial Users Stakeholders Group's ("NCSG")
> Reconsideration Request, Request 13-3, sought reconsideration of the staff
> action of 20 March 2013 regarding "Trademark Claims Protections for
> Previously Abused Names".
>
> Whereas, the BGC considered the issues raised in Reconsideration Request
> 13-3, as well as the issues brought to and discussed by the GNSO Council
> regarding some of the language in the BGC's Recommendation.
>
> Whereas, the BGC revoked its initial recommendation, and issued a Revised
> BGC Recommendation on Reconsideration Request 13-3, which ultimately
> recommended that no further action was warranted with respect to Request
> 13-3.
>
> Resolved (2013.07.02.NG01), the New gTLD Program Committee adopts the
> Revised BGC Recommendation on Reconsideration Request 13-3 <
> http://www.icann.org/en/groups/board/governance/reconsideration/recommendation-ncsg-25jun13-en.pdf>
> [PDF, 142 KB].
>
> Resolved (2013.07.02.NG02), the New gTLD Program Committee directs ICANN's
> President and CEO to assure that the issues raised within Request 13-3 are
> brought to the ongoing community discussion on policy versus implementation
> within ICANN.
>
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