Re: [wg-c] I/O Design Initiates Legal Proceedings against CORE

[Onno Hovers <onno@surfer.xs4all.nl>]

Neuman, Jeffrey wrote:
> Why not allow CORE to keep the IP rights to the registry and require them by
> contract to assign those rights to ICANN should their relationship with
> ICANN terminate.

> This would protect CORE should any dispute develop while they are a
> registry.  It will also prevent another organization from trademarking the
> TLD for that duration. 

> I am not a member of CORE (nor do I necessarily agree with some of their
> tactics here), but I am a trademark attorney and I do understand some of the
> rationale for applying for a trademark for their TLDs.

> However, once the relationship is terminated with ICANN, it should be
> mandated by contract that CORE assign the IP rights (along with the
> databases etc...) to ICANN.

> Is this a workable solution?

In my opinion, it is not. 

If the trademark becomes a resource of the registry then there
would always be uncertainty whether ICANN can get the trademark
back. Even with such a contract.

For example, local bankruptcy laws may prevent outsiders (like
ICANN) from taking back resources from a bankrupt company before
all debts of the bankrupt company are settled.

Regards,
-- 
Onno Hovers, MS/Ir, e-mail: onno@surfer.xs4all.nl
"He's dead Jim. You get his tricorder & I'll get his wallet."