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Internet, Innovation and ICANN: The Evolving Landscape of the Net
Program and Speakers




 

 Confirmed Speakers

 

Adam Lindquist Scoville, Program Co-Chair, RE/MAX, LLC (United States)
Nick Wood, Program Co-Chair, Com Laude (United Kingdom)

Andrew Abrams, Google (United States)
Luca Barbero, Studio Barbero (Italy)
Brian Beckham, World Intellectual Property Organization (Switzerland)
David H. Bernstein, Debevoise & Plimpton LLP (United States)
Stephen Jadie Coates, Twitter, Inc. (United States)
Steve DelBianco, NetChoice (United States)
Jim Dempsey, Center for Democracy & Technology (United States)
Christian Dowell, Yahoo! Inc. (United States)
J. Scott Evans, Adobe Systems Inc. (United States)
Anthony Falzone, Pinterest (United States)
Heather Forrest, Australian Catholic University (Australia)
Sarah Givan, LinkedIn (United States)
Eric Goldman, Santa Clara University School of Law (United States)
Geri Haight, Panera, LLP (United States)
Debra Hughes, Katten Muchin Rosenman LLP (United States)
Susan Kawaguchi, Facebook, Inc. (United States)
Jaime Lemons, Nike, Inc. (United States)
Chip Lutton, Nest Labs (United States)
Hector Ariel Manoff, Vitale, Manoff and Feilbogen (Argentina)
John McElwaine, Nelson Mullins Riley & Scarborough LLP (United States)
Steve Metalitz, Mitchell Silberberg & Knupp LLP (United States)
Milton Mueller, Syracuse University (United States)
Russell Pangborn, Marksmen (United States)
Michael Pantalony, Donovan & Yee LLP (United States)
James Pastore (United States)
Kurt Pritz, Domain Name Association (United States)
Suzanne Murray Radell, U.S. Department of Commerce, NTIA/OIA (United States)
Kristina Rosette, Covington & Burling LLP (United States)
David Taylor, Hogan Lovells (Paris) LLP (France)
Marc Trachtenberg, Greenberg Traurig (United States)
Joi White, Carr & Ferrell LLP (United States)
Mary Wong, Internet Corporation for Assigned Names and Numbers (ICANN) (United States)
Paola Zeni, Symantec Corporation (United States)

 

 Thursday, September 18

 
8:00 am–5:30 pm 
Registration and Information Desk Open
8:00 am–9:00 am
Continental Breakfast
9:00 am–9:20 am
Welcome
9:20 am–9:25 am
Introduction
9:25 am–10:45 am
Session I

INTERNET INNOVATION


Leaders from cutting-edge technology companies will discuss how the Internet is impacting innovation and changing the way we interact with each other and the world around us. 

Topics include:

  • 3-D printing
  • Internet of Things
  • Wearable technology
  • Immersive advertising
  • Personal connectivity
  • Near-field and real-time communications

Moderator:
Christian Dowell, Yahoo! Inc. (United States)

Speakers: 
Jaime Lemons, Nike, Inc. (United States)
Chip Lutton, Nest Labs (United States)
Marc Trachtenberg, Greenberg Traurig (United States)

10:45 am–11:15 am
Networking Break
11:15 am–12:20 pm
Session II

INTERNET GOVERNANCE


An illuminating session on intellectual property and the governance of Internet resources. Find out:
  • The latest developments related to the global governance of the Internet.
  • The impact of the U.S. government’s announcement regarding its intention to transfer its historic stewardship role over the Internet’s DNS.
  • How ICANN is evolving and performing in areas of accountability, representativeness and transparency.

Moderator: 
Luca Barbero, Studio Barbero (Italy)

Speakers:
Steve DelBianco, NetChoice (United States)
Milton Mueller, Syracuse University (United States) 
Suzanne Murray Radell, U.S. Department of Commerce, NTIA/OIA (United States)

12:20 pm–1:30 pm
Networking Lunch
1:30 pm–2:45 pm 
Session III

GEOGRAPHIC IDENTITY MEETS BRAND IDENTITY IN A NET WITHOUT BORDERS


During the 13 years since the World Intellectual Property Organization (WIPO) concluded that the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) does not expressly recognize governments’ asserted interests, conflicts have intensified between trademarks and governments involving country, city, regional and other geographic names and their use in the DNS. Distinguished speakers will present practical issues from both the trademark owner and government perspectives on the following topics:
  • The definition of “geographic name” today and in the future.
  • The recognition of rights in geographic names under international law.
  • Perspectives of government and the trademark owner on rights and interests in geographic names.
  • Considerations for the use of geographical indications in the DNS.
  • What ICANN’s policy regarding geographic names means for new gTLDs as they prepare to launch.
  • Current and future development of law and policy on geographic names and their use in the DNS.

Moderator:
Hector Ariel Manoff, Vitale, Manoff and Feilbogen (Argentina)

Speakers:
Heather Forrest, Australian Catholic University (Australia)
Kristina Rosette, Covington & Burling LLP (United States)
David Taylor, Hogan Lovells (Paris) LLP (France)

2:45 pm–3:15 pm 
Dessert Break
3:15 pm–4:30 pm 
Session IV

SOCIAL MEDIA


Social platforms are becoming increasingly influential in facilitating interactions between users and brands.  In this session, we explore the ongoing tensions that arise between rights holders, platforms and users, and aim to provide practical guidance for companies in managing their social media interactions.

  • Where are the lines between free speech on the one hand and abusive content/TM infringement on the other?
  • What are some best practices for engaging with users and submitting complaints on online social platforms?
  • Current status/interpretation of the law on secondary liability for user generated content?

Moderator: 
Andrew Abrams, Google (United States)

Speakers:
Stephen Jadie Coates, Twitter, Inc. (United States)
Anthony Falzone, Pinterest (United States)
Sarah Givan, LinkedIn (United States)
Geri Haight, Panera, LLP (United States)

4:30 pm–4:40 pm
Mini Break to change panels
4:40 pm–5:45 pm
Session V

NEW DEVELOPMENTS IN THE GLOBALWHOIS INTERNET DOMAIN NAME DIRECTORY SYSTEM: IMPLICATIONS FOR BRAND OWNERS


ICANN has recently initiated a number of policy efforts to address shortcomings in the WHOIS database, ranging from the need to accommodate non‒Latin-based scripts to the proposed creation of an entirely new domain name directory system. This session will examine ICANN’s recent proposals and provide a forum for brand owners to discuss their concerns regarding these efforts.

Topics will include:

  • Replacing WHOIS: Will ICANN’s proposed new Registration Directory Service adequately address brand owner needs and concerns?
  • Privacy and Anonymity: How will ICANN’s new accreditation program for privacy and proxy service providers affect brand owners?
  • Internationalization of WHOIS: What impact will this have on investigation and enforcement?

Moderator:
Mary Wong, Internet Corporation for Assigned Names and Numbers (ICANN) (United States)

Speakers: 
Susan Kawaguchi, Facebook, Inc. (United States)
Steve Metalitz, Mitchell Silberberg & Knupp LLP (United States)
Milton Mueller, Syracuse University (United States)

5:45 pm 
Adjourn
6:00 pm–7:30 pm 
Welcome Reception
 

 Friday, September 19

 
8:00 am–9:00 am 
Registration
8:00 am–9:00 am 
Continental Breakfast
9:00 am–9:10 am 
Overview of Day Two
9:10 am–10:45 am
Session VI

LESSONS LEARNED FROM THE FIRST ROUND

Has your company considered applying for a new gTLD? Would your company consider applying in future rounds? Does your company want to be competitive in the Internet marketplace but is concerned about the risks, costs and resources required to apply for and run a domain registry? Brand owners will gain valuable perspectives from applicants, service providers and industry experts who participated in the first round of new gTLD applications.  

Discover:

  • How to develop a new gTLD business case, consider operational expenses, and evaluate ROI.
  • How to create and manage a strong registry team and project plan.
  • How to draft smart and successful new gTLD registry applications.
  • How to interact with consultants, service providers, ICANN staff and registrars.
  • How to navigate registry-related contracts and ICANN’s policies and procedures.
  • How to deal with the Objection Processes:
    • String Confusion Objections.
    • Legal Rights Objections.
    • Limited Public Interest Objections.

Panelists will also share candid perspectives on their successes and missteps and on the challenges of ICANN’s application and contracting processes.

Find out:

  • Why did they apply?
  • Which strings did they apply for, and what were the strategies behind those decisions?
  • What has been the impact of the new gTLD program thus far? Was it what they expected? Any surprises? Favorite TLD?
  • If they had to advise would-be applicants for the next round, what advice would they give to sell the program to the company’s executives?
  • What advice would they give regarding the application and contracting processes?
  • How does one best navigate ICANN’s policies and procedures?
  • What would they do differently the second time around?
    • How did they prepare and manage their new gTLD budget?

Moderator: 
Debra Hughes, Katten Muchin Rosenman LLP (United States)

Speakers:
Russell Pangborn, Marksmen (United States)
Kurt Pritz, Domain Name Association (United States)
Nick Wood, Com Laude (United Kingdom)

10:45 am–11:15 am
Break
11:15 am–11:45 am
Session VII

INTERNET COMMITTEE UPDATE

Learn what INTA is doing through its committee work to promote trademarks and protect consumers in the evolving Internet landscape.

Receive an overview on the practical resources, tools and publications the Internet Committee is developing for brand owners to secure their trademarks and protect consumers in the online environment.

Speaker:
John McElwaine, Nelson Mullins Riley & Scarborough LLP (United States)

11:45 am–12:45 pm 
Session VIII

INTERNET INTERMEDIARY LIABILITY

As online commerce matures and the domain name system expands, there remain increasing opportunities for infringement, dilution, counterfeiting, fraud, and other unlawful conduct to occur in online marketplaces and on online platforms. Brand owners obviously have the right to go after online infringers directly, but they often find it more efficient to hold intermediaries accountable because they are easier to find, have deeper pockets, and can prevent broad swaths of illegal activities rather than addressing individual schemes. The Second Circuit's decision in Tiffany v. eBay has complicated brand owners’ ability to hold intermediaries liable, but it has hardly ended the debate over or efforts to impose secondary liability for online infringements. 

Panelists will:

  • Review developments since Tiffany (both in the United States and in foreign markets)
  • Discuss ways in which brand owners and responsible intermediaries are cooperating to reduce the  incidence of online infringement
  • Outline the options still available to brand owners when their marks are violated through intermediaries, and
  • Consider the theoretical and practical implications of alternative approaches to internet intermediary liability (including looking at how these issues are addressed outside the trademark context).

Moderator:
David H. Bernstein, Debevoise & Plimpton LLP (United States)

Speakers:
David H. Bernstein, Debevoise & Plimpton LLP (United States)
J. Scott Evans, Adobe Systems Incorporated (United States)
Eric Goldman, Santa Clara University School of Law (United States)
Michael Pantalony, Donovan & Yee LLP (United States)

12:45 pm–2:00 pm
Lunch
2:00 pm–3:15 pm 
Session IX

NEW gTLDs, NEW ISSUES AND NEW REMEDIES

The arrival of the new gTLDs coincided with the implementation of new rights protection mechanisms, including the URS (Uniform Rapid Suspension system), the PDDRP (Post-Delegation Dispute Resolution Procedure), the PICDRP (Public Interest Commitments Dispute Resolution Procedure) and the TMCH (Trademark Clearing House). Panelists will look at each of these measures as well as additional measures and practices; they will consider alternative strategies for using these measures and discuss how they may complement existing enforcement mechanisms such as the UDRP (Uniform Dispute Resolution Policy), court action, etc.

Moderator: 
Russell Pangborn, Marksmen (United States)

Speakers: 
Andrew Abrams, Google (United States)
Brian Beckham, World Intellectual Property Organization (WIPO) (Switzerland)
David H. Bernstein, Debevoise & Plimpton LLP (United States)

3:15 pm–3:45 pm
Dessert Break
3:45 pm–5:00 pm 
Session X

SECURITY AND SURVEILLANCE

Security breaches leave consumers nervous about the use of their personal data, while government snooping raises global fears of a Big Brother society. Brands are in the crossfire.

Topics include:

  • What brands can do to ensure their own security and to re-establish trust with their consumers. 
  • National security and government surveillance.
  • Offensive and defensive brand attacks.
  • Consumer-focused data collection and usage.

Moderator:
Joi White, Carr & Ferrell LLP (United States)

Speakers: 
Jim Dempsey, Center for Democracy and Technology (United States)
James Pastore (United States)
Paola Zeni, Symantec Corporation (United States)

5:00 pm 
Adjourn
 

 Project Team

 

Exceptional topics, faculty and presentations have come to distinguish INTA programs and earn them an unmatched reputation in the field of trademark law and practice. INTA owes this achievement to the many volunteers who so willingly contribute their time and energy to this effort.

INTA would like to thank the Project Team for its excellent work in planning and presenting this conference.

Chairpersons

Adam Lindquist Scoville, RE/MAX, LLC (United States) 
Nick Wood, Com Laude (United Kingdom)

Members

Andrew Abrams, Google (United States)
Luca Barbero, Studio Barbero (Italy)
John Donald, Apple (United States)
Christian Dowell, Yahoo! Inc. (United States)
Heather Forrest, Australian Catholic University (Australia)
Debra Hughes, Katten Muchin Rosenman LLP (United States)
Hector Ariel Manoff, Vitale, Manoff and Feilbogen (Argentina)
Russell Pangborn, Marksmen (United States)
Joi White, Carr & Ferrell LLP (United States)
Mary Wong, Internet Corporation for Assigned Names and Numbers (ICANN) (United States)

Staff Liaisons

Ann Eng, Director of Education
Hilary Cohen, Senior Planner, Meetings, Conventions and Events Strategy
Kathryne Badura, External Relations Coordinator, Enforcement

 

 Continuing Legal Education

 
“Internet, Innovation and ICANN: The Evolving Landscape of the Net”: This conference qualifies as an educational program for Continuing Legal Education (CLE) credits and Continuing Professional Development (CPD) points. For more information, please email cle@inta.org. Be sure to stop by the Registration and Information Desk at the conference to sign the CLE book.