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Date:29 January 2008
Statement of Interest
I am employed as a Special Counsel by Covington & Burling LLP (“Covington”), a general practice law firm with over 650 lawyers in eight offices in four countries. I am resident in Covington’s Washington, DC office and am a member of the District of Columbia bar.
I specialize in Internet and trademark matters, and represent trademark owner clients in connection with such matters. Among my responsibilities, I develop and implement strategies in the areas of offensive and defensive domain name registration, Internet monitoring and enforcement, anti-counterfeiting and anti-fraud; reclaim domain names through negotiation, arbitration (under the UDRP, .biz STOP, and .mobi Sunrise Challenge policies, thus far), and litigation; advise clients on the purchase and use of keywords and trademark aspects of search engine optimization; negotiate and draft transactional documents relating to Internet-related assets and perform due diligence reviews of such assets; and design trademark usage policies and guidelines and anti-counterfeiting strategies for use in virtual worlds. In connection with advising firm clients of generally noteworthy trademark- or Internet-related developments, I have also provided information and updates on domain name system developments (e.g., posting of reports for public comment, announcements of new policies such as the Domain Name Transfer Policy, .eu Sunrise requirements). All such communications have been, and will continue to be, based solely on publicly available information and documents.
From time to time, I register or acquire in my own name domain names for firm clients. I am currently the registrant of several domain names, both on behalf of firm clients and in an individual capacity. From time to time and as circumstances warrant, I have completed and submitted Whois Data Problem Reports and submitted registrar compliance complaints to ICANN on behalf of firm clients.
Since 2004, I have been a member of the Registration Practice and DNS Administration Subcommittee of the International Trademark Association’s Internet Committee, and chair the Subcommittee for the 2008-2009 term.
The Czech Arbitration Court (“CAC”), which the ICANN Board approved as a UDRP Provider in January 2008, has selected me as a UDRP panelist.
I have determined that Covington does not represent ICANN and does not represent any clients in matters in which ICANN is an adverse party. Covington did represent the International Cooperative Alliance in connection with the formation and establishment of DotCooperation LLC, the .coop registry operator, but that matter has been closed for some time. I have also determined that Covington neither represents any gTLD or sTLD registry operator in matters relating to its capacity as a registry operator nor represents any client in matters adverse to such registry operators as registry operators. I am advising a number of firm clients that are considering applying for a new gTLD. Based on the responses to my inquiries, Covington does not represent any ccTLD registry operator in its capacity as a registry operator nor does it represent any client in matters adverse to any ccTLD registry operators as registry operators.
To the best of my knowledge, Covington does not represent any ICANN-accredited registrar in its capacity as a registrar nor does it represent any firm client in a matter adverse to a registrar as registrar. From time to time, Covington has represented firm clients in intellectual property matters adverse to registrars, and it is likely to do so periodically in the future. I have been involved in such matters and expect to be involved in additional such matters in the future from time to time . It is possible that a firm client is an ICANN-accredited registrar, but, if so, Covington does not represent it in such matters.