Re: [Ianaplan] Fwd: [CWG-Stewardship] ICG request concerning IANA trademark and iana.org domain name

[Brian E Carpenter <[e-mail]>]

On 20/06/2015 13:57, John R Levine wrote:
>> But, however, it does seem necessary that the final proposal *require*
>> whoever is the IPR owner of the IANA trademark and domain name to
>> make them perpetually and freely available for all appropriate use by
>> all three communities. (Writing a definition of "appropriate" in this
>> context is above my pay grade.) It would be annoying to have to blow the
>> bolts over silly restrictions on using "IANA" or "iana.org".
> 
> This is a somewhat subtle issue.  Keeping in mind that legal advice from Internet mailing lists is usually worth what you paid
> for it, a trademark identifies (roughly but close enough) a provider of goods and services. At this point it's appropriate for
> ICANN to use the IANA trademark because they're the ones who provide the IANA service.  When we say things like "IANA is
> requested to update the foo registry" we're not using the trademark any more than when someone says "I'm planning to buy an
> iPhone" because we're not providing the services or selling the phone.
> 
> The names plan to license the trademark to PTI follows from that, PTI would provide the service, so PTI would be using the
> trademark.
> 
> It'd only become a problem if things changed and some or all of the services were provided by someone else.  As I've said enough
> times that it's likely getting annoying, if we arrive at that point, the domain name and logo on the provider's web site will be
> the least of our concerns.

Generally, I agree with you, but it would be annoying, for example, if
we were told to put (TM) after every reference to IANA. Or that we couldn't
have a WG called IANAPLAN. Or any other stupidity of that kind. Some
language mandating that the TM and domain name are held perpetually for
the benefit of the three communities would be reassuring.

Of course, IANAL, if that doesn't infringe on the trademark.

   Brian