News Review | Reply Brief: Ruby Glen vs ICANN (new gTLD .WEB)

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Domain Mondo's weekly internet domain news review (NR 2018-01-07) with analysis and opinion: Features •  1) Reply Brief: Ruby Glen (Donuts affiliate) vs ICANN2) ICANN news: GDPR, Gravy Train, Org Chart, CCT-RT, 3) Names, Domains & Trademarks: Verisign $VRSN Q4 2017, UDRP, New gTLDs4) ICYMI Internet Domain News, 5) Most Read Posts.

1) Ruby Glen, LLC [Donuts affiliate] v. ICANN [re: new gTLD .WEB]
Plaintiff's Reply Appellate Brief [PDF, 387 KB] 20 December 2017, full embed below, excerpt (at pp. 31-32 of 34) emphasis added:
"Ruby Glen submits that despite the district court’s prior denial of its motion for limited discovery ... it has discovered additional facts to bolster the claims asserted in the FAC [first amended complaint]. Ruby Glen also has grounds to assert a direct claim for fraudulent inducement by alleging facts demonstrating that ICANN falsely indicating that it would abide by its Bylaws and Articles of Incorporation, as well as the provisions contained in the Guidebook and New gTLD Program Auction Rules in administering the .WEB auction in an effort to fraudulently induce Ruby Glen to submit its application. A similar claim survived summary judgment in the DCA [new gTLD .AFRICA] matter ... See DotConnect Africa Trust v. Internet Corp. for Assigned Names and Numbers ... Ruby Glen deserves the same opportunity .... For the foregoing reasons and those contained in its Opening Brief, Ruby Glen respectfully requests that this Court reverse the district court’s order dismissing Ruby Glen’s First Amended Complaint ... and allow this matter to proceed on the merits." 
Editor's note: briefing is now complete, the next step is oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, which should occur later this year.

More info:

Reply Brief embedded in full below:

2) ICANN news
graphic "ICANN | Internet Corporation for Assigned Names and Numbers"
a) GDPR: ICYMI--Letter from Andrew Mack, Chair of ICANN Business Constituency to ICANN CEO Göran Marby | ICANN.org 08 Dec 2017:
  • Issue: ICANN Compliance for WHOIS and GDPR. Excerpt mack-to-marby-08dec17-en.pdf (emphasis added): "... During the ICANN60 meetings you read a statement that ICANN Contractual Compliance would be deferring action against any registry or registrar for noncompliance with contractual obligations related to the handling of registration data. ICANN Org subsequently posted the Statement from Contractual Compliance (the “Statement”) We are concerned that this unilateral action makes no reference to ICANN’s published Revised ICANN Procedure For Handling WHOIS Conflicts with Privacy Law (the “Procedure”) that implements the applicable consensus policy (Policy) in this situation. While some overtones of the Procedure are present in the Statement, the lack of transparencycommunity involvement, and process for comment and discussion, among many other procedural safeguards of the Procedure, are missing. Missing too are the basic principles of transparency applicable to ICANN operations ..."
See also: Data Protection and Privacy (GDPR) Update – Plans for the New Year | ICANN.org"submit your feedback before 10 January 2018 ... Email your comments and suggestions to gdpr @ icann.org." (more info at links above and below)

b) ICANN Gravy Train: if you're not getting your "travel expenses" paid (hotel, airfare, etc., including even a per diem) to go to ICANN meetings (and parties), you're a chump--ICANN tries to bury and hide who is being "paid off" but the travel $$$ reports (except for ICANN Directors, officers and staff) are here: Travel Report - Constituency Travel  (though you will have to download and then open each report--good luck if you only have mobile phone web access). For commentary and a ranking of the ten biggest "moochers" go to  @EyeOnICANN:
ICANN spends untold $$ millions for each of its meetings (3 per year). For an example of ICANN's wasteful spending:  ICANN a Steward? LOL! This Is How ICANN Wastes Registrants' Money | DomainMondo.com.

c) Overstaffed & Overpaid: ICANN Management Organization Chart 01 Jan 2018 (pdf) [131 KB]

d) CCT Review Team (CCT-RT):  Public Comment Period Extended until Monday 15 January 23:59 UTC – New Sections to Draft Report of Recommendations | ICANN.org"... The new sections seek to reflect results from the "Statistical Analysis of DNS Abuse in gTLDs" Report (see here for more information), and address costs of the New gTLD Program for trademark holders, based on the results from a survey conducted by the International Trademark Association (INTA) (see here [PDF, 1.4 MB] for more information). In addition, the CCT Review Team requests feedback on updates made to its parking and consumer choice related sections ..."

3) Names, Domains & Trademarks
graphic "Names, Domains & Trademarks" ©2017 DomainMondo.com
  • Verisign $VRSN Q4 and full year 2017 earnings call on 8 Feb 20184:30 p.m. EST. 

4) ICYMI Internet Domain News 
graphic "ICYMI Internet Domain News" ©2017 DomainMondo.com

5) Most read posts (# of pageviews Sun-Sat) this past week on DomainMondo.com: 
1. News Review | 12 Questions for 2018: Domains, ISOC, Internet, ICANN
2. Starbucks $SBUX Makes A Super-Sized Bet On China (video)
3. Blackstone's Byron Wien's 10 Surprises for 2018 (video)  
4. Sam Zell: The Importance of Lowering the Corporate Tax Rate (video)
5. Tech Review | The Big Issues Affecting Tech and Global Economy 2018

-- John Poole, Editor, Domain Mondo 

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