[bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
Laura Covington
lhc at yahoo-inc.com
Fri May 24 03:34:39 UTC 2013
Yahoo! Is an applicant, for .yahoo and .flickr, both of which ad explained as closed .brands.
Sent from my iPad
On May 23, 2013, at 6:06 PM, "Deutsch, Sarah B" <sarah.b.deutsch at verizon.com<mailto:sarah.b.deutsch at verizon.com>> wrote:
USTelecom and CTIA filed community objections against .phone and .mobile. This should be public information. I was not interested in engaging in specific arguments with you about the harms from these or other closed applications without first knowing who you actually represent. I strongly support Elisa's sensible suggestion that everyone in the BC declare their interests.
Sarah B. Deutsch
Vice President & Deputy General Counsel
Verizon Communications
Phone: 703-351-3044
Fax: 703-351-3670
sarah.b.deutsch at verizon.com<mailto:sarah.b.deutsch at verizon.com>
From: icann at rodenbaugh.com<mailto:icann at rodenbaugh.com> [mailto:icann at rodenbaugh.com]
Sent: Thursday, May 23, 2013 06:39 PM
To: 'Ron Andruff' <randruff at rnapartners.com<mailto:randruff at rnapartners.com>>; bc-gnso at icann.org<mailto:bc-gnso at icann.org> <bc-gnso at icann.org<mailto:bc-gnso at icann.org>>
Subject: RE: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
Ron, Sarah,
Anyone can see a non-exhaustive list of TLDs I am publicly assisting with, by searching my name here: https://gtldresult.icann.org/application-result/applicationstatus
Other commenters then should describe their interest in this topic – and more importantly any relevant actual information they have that might support their conclusory opinions about likely harm. For example, it is known that Verizon is a prominent member of a trade association that has filed a community objection against a so-called closed generic TLD application. So why does Sarah not disclose that, and more importantly, why does she not share any evidence or argument that was submitted with that objection?
Mike Rodenbaugh
RODENBAUGH LAW
Tel/Fax: +1.415.738.8087
http://rodenbaugh.com
From: owner-bc-gnso at icann.org<mailto:owner-bc-gnso at icann.org> [mailto:owner-bc-gnso at icann.org] On Behalf Of Ron Andruff
Sent: Thursday, May 23, 2013 2:45 PM
To: bc-gnso at icann.org<mailto:bc-gnso at icann.org>
Subject: RE: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
Mike,
As an observer to this string of debate, it appears to me (and possibly other members) that you are obfuscating. You have been asked on several occasions to declare your interests, but you parry that question with more questions. What is holding you back from being up front with the members and disclosing? Disclosure would, IMHO, lend more credibility to your arguments.
Disclosure should be our first obligation as members of the BC – considering the convoluted nature of our membership today.
Thank you.
Kind regards,
RA
Ronald N. Andruff
RNA Partners, Inc.<http://www.rnapartners.com>
________________________________
From: owner-bc-gnso at icann.org<mailto:owner-bc-gnso at icann.org> [mailto:owner-bc-gnso at icann.org] On Behalf Of jscottevans at yahoo.com<mailto:jscottevans at yahoo.com>
Sent: Thursday, May 23, 2013 4:58 PM
To: icann at rodenbaugh.com<mailto:icann at rodenbaugh.com>; icann at rodenbaugh.com<mailto:icann at rodenbaugh.com>; lhc at yahoo-inc.com<mailto:lhc at yahoo-inc.com>; svg at stephanevangelder.com<mailto:svg at stephanevangelder.com>; sarah.b.deutsch at verizon.com<mailto:sarah.b.deutsch at verizon.com>
Cc: Elisa.Cooper at markmonitor.com<mailto:Elisa.Cooper at markmonitor.com>; sdelbianco at netchoice.org<mailto:sdelbianco at netchoice.org>; bc-gnso at icann.org<mailto:bc-gnso at icann.org>
Subject: RE: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
Oh, and as to a counter-argument to your position, I refer you to the USPTO's disposition of the various .music trademark applications. While not identical, the USPTO's reasoning is very solar to the concerns I have heard from others.
J. Scott
Sent from Yahoo! Mail for iPhone
________________________________
From: icann at rodenbaugh.com<mailto:icann at rodenbaugh.com> <icann at rodenbaugh.com<mailto:icann at rodenbaugh.com>>;
To: <jscottevans at yahoo.com<mailto:jscottevans at yahoo.com>>; <icann at rodenbaugh.com<mailto:icann at rodenbaugh.com>>; <lhc at yahoo-inc.com<mailto:lhc at yahoo-inc.com>>; <svg at stephanevangelder.com<mailto:svg at stephanevangelder.com>>; <sarah.b.deutsch at verizon.com<mailto:sarah.b.deutsch at verizon.com>>;
Cc: <Elisa.Cooper at markmonitor.com<mailto:Elisa.Cooper at markmonitor.com>>; <sdelbianco at netchoice.org<mailto:sdelbianco at netchoice.org>>; <bc-gnso at icann.org<mailto:bc-gnso at icann.org>>;
Subject: RE: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
Sent: Thu, May 23, 2013 8:20:35 PM
All of my clients, and my law firm, have business interests much broader than the domain industry.
Who are these people expressing grave concerns? Because I am only hearing competitors to so-called closed generic TLD applicants expressing concerns (including indirectly through their ICANN-connected government reps), with no evidence or any real specifics as to the parade of horribles they seem to envision. And certainly no counter-argument to the points I am raising. Do you or anyone else have any substantive response to any of those points?
Mike Rodenbaugh
RODENBAUGH LAW
Tel/Fax: +1.415.738.8087
http://rodenbaugh.com
From: jscottevans at yahoo.com<mailto:jscottevans at yahoo.com> [mailto:jscottevans at yahoo.com]
Sent: Thursday, May 23, 2013 1:10 PM
To: icann at rodenbaugh.com<mailto:icann at rodenbaugh.com>; lhc at yahoo-inc.com<mailto:lhc at yahoo-inc.com>; svg at stephanevangelder.com<mailto:svg at stephanevangelder.com>; sarah.b.deutsch at verizon.com<mailto:sarah.b.deutsch at verizon.com>
Cc: Elisa.Cooper at markmonitor.com<mailto:Elisa.Cooper at markmonitor.com>; sdelbianco at netchoice.org<mailto:sdelbianco at netchoice.org>; bc-gnso at icann.org<mailto:bc-gnso at icann.org>
Subject: RE: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
Mike:
We appreciate your pov. However, there are many of us in this constituency that have business interests broader than the domain industry. In my discussions with these non-ICANNers, they have voiced grave concerns and want assurances similar to those put forward by Sarah and Laura in the latest draft. Do others gave perspective here?
Sent from Yahoo! Mail for iPhone
________________________________
From: icann at rodenbaugh.com<javascript:return> <icann at rodenbaugh.com<javascript:return>>;
To: 'Laura Covington' <lhc at yahoo-inc.com<javascript:return>>; <svg at stephanevangelder.com<javascript:return>>; 'Deutsch, Sarah B' <sarah.b.deutsch at verizon.com<javascript:return>>;
Cc: 'Elisa Cooper' <Elisa.Cooper at markmonitor.com<javascript:return>>; 'Steve DelBianco' <sdelbianco at netchoice.org<javascript:return>>; <bc-gnso at icann.org<javascript:return>>;
Subject: RE: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
Sent: Thu, May 23, 2013 7:21:46 PM
We went through exercise of trying to define categories like this, in 2006. Then in the Vertical Integration WG. Then again recently in the IPC. It can’t be done, as far as I know.
The GAC didn’t bother to provide a definition either. Making any response problematic as we don’t really know what we are responding to.
Mike Rodenbaugh
RODENBAUGH LAW
Tel/Fax: +1.415.738.8087
http://rodenbaugh.com
From: Laura Covington [mailto:lhc at yahoo-inc.com<javascript:return>]
Sent: Thursday, May 23, 2013 12:05 PM
To: mike at rodenbaugh.com<javascript:return>; svg at stephanevangelder.com<javascript:return>; 'Deutsch, Sarah B'
Cc: 'Elisa Cooper'; 'Steve DelBianco'; bc-gnso at icann.org<javascript:return>
Subject: Re: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
Hey, Mike,
I'm totally open to considering other definitions/terminology for "closed generics" if you have ideas to propose.
As to the separate issue of responding to the GAC's advice, participants on the call the other day seemed interested in including – or at least considering - language on closed generics rather than being silent. It seems clear – and understandable - what your point of view is. Anybody else?
Laura
Laura Covington
VP, Intellectual Property Policy
Yahoo! Inc.
lhc at yahoo-inc.com<mailto:lhc at yahoo-inc.com>
408.349.5187
From: "icann at rodenbaugh.com<mailto:icann at rodenbaugh.com>" <icann at rodenbaugh.com<mailto:icann at rodenbaugh.com>>
Organization: Rodenbaugh Law
Reply-To: "mike at rodenbaugh.com<mailto:mike at rodenbaugh.com>" <mike at rodenbaugh.com<mailto:mike at rodenbaugh.com>>
Date: Thursday, May 23, 2013 11:13 AM
To: "Yahoo! Inc." <lhc at yahoo-inc.com<mailto:lhc at yahoo-inc.com>>, "svg at stephanevangelder.com<mailto:svg at stephanevangelder.com>" <svg at stephanevangelder.com<mailto:svg at stephanevangelder.com>>, "'Deutsch, Sarah B'" <sarah.b.deutsch at verizon.com<mailto:sarah.b.deutsch at verizon.com>>
Cc: 'Elisa Cooper' <Elisa.Cooper at markmonitor.com<mailto:Elisa.Cooper at markmonitor.com>>, 'Steve DelBianco' <sdelbianco at netchoice.org<mailto:sdelbianco at netchoice.org>>, "bc-gnso at icann.org<mailto:bc-gnso at icann.org>" <bc-gnso at icann.org<mailto:bc-gnso at icann.org>>
Subject: RE: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
It seems that every dictionary word is a ‘pre-existing trademark’ at least insofar as it is registered as such somewhere (e.g. Benelux, in advance of the EU land rush). My examples are all registered at the USPTO. Any of those registrations could be purchased or even be previously registered by any so-called ‘closed generic’ TLD applicant.
Why is it legitimate for Apple to operate .apple to the exclusion of everyone else in the world that may have a legitimate use for a .apple domain name? (Maybe better examples are other new TLD applicants Abbott, Active, AFamilyCompany, Amazon, AmericanFamily… and the list goes on past Apple….) Yet it would not be legitimate for Weather.com<http://Weather.com> to operate .weather that way?
Mike Rodenbaugh
RODENBAUGH LAW
Tel/Fax: +1.415.738.8087
http://rodenbaugh.com
From: Laura Covington [mailto:lhc at yahoo-inc.com]
Sent: Thursday, May 23, 2013 10:54 AM
To: Mike Rodenbaugh; svg at stephanevangelder.com<mailto:svg at stephanevangelder.com>; Deutsch, Sarah B
Cc: Elisa Cooper; Steve DelBianco; bc-gnso at icann.org<mailto:bc-gnso at icann.org>
Subject: Re: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
Sticking with the definition piece first, doesn't second bullet cover your question? Pre-existing trademark?
Laura Covington
VP, Intellectual Property Policy
Yahoo! Inc.
lhc at yahoo-inc.com<mailto:lhc at yahoo-inc.com>
408.349.5187
From: Mike Rodenbaugh <icann at rodenbaugh.com<mailto:icann at rodenbaugh.com>>
Reply-To: Mike Rodenbaugh <icann at rodenbaugh.com<mailto:icann at rodenbaugh.com>>
Date: Thursday, May 23, 2013 10:42 AM
To: "Yahoo! Inc." <lhc at yahoo-inc.com<mailto:lhc at yahoo-inc.com>>, "svg at stephanevangelder.com<mailto:svg at stephanevangelder.com>" <svg at stephanevangelder.com<mailto:svg at stephanevangelder.com>>, "Deutsch, Sarah B" <sarah.b.deutsch at verizon.com<mailto:sarah.b.deutsch at verizon.com>>
Cc: Elisa Cooper <Elisa.Cooper at markmonitor.com<mailto:Elisa.Cooper at markmonitor.com>>, Steve DelBianco <sdelbianco at netchoice.org<mailto:sdelbianco at netchoice.org>>, "bc-gnso at icann.org<mailto:bc-gnso at icann.org>" <bc-gnso at icann.org<mailto:bc-gnso at icann.org>>
Subject: Re: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
Hi Laura,
Then what about all the trademarks that exist for 'generic words'. Not just Apple, but also Sex, Drugs and even Rock 'n Roll (all registered at the USPTO)?
Beyond that, what about the broader notion that closed generic business models are more in the public interest than open copycat business models? The BC is on record with the position that restricted registries are preferred over open registries, because abuse and consumer harm are far less likely.
Best,
Mike
________________________________
From: Laura Covington <lhc at yahoo-inc.com<mailto:lhc at yahoo-inc.com>>
To: "svg at stephanevangelder.com<mailto:svg at stephanevangelder.com>" <svg at stephanevangelder.com<mailto:svg at stephanevangelder.com>>; "Deutsch, Sarah B" <sarah.b.deutsch at verizon.com<mailto:sarah.b.deutsch at verizon.com>>
Cc: Elisa Cooper <Elisa.Cooper at markmonitor.com<mailto:Elisa.Cooper at markmonitor.com>>; Steve DelBianco <sdelbianco at netchoice.org<mailto:sdelbianco at netchoice.org>>; "bc-gnso at icann.org<mailto:bc-gnso at icann.org>" <bc-gnso at icann.org<mailto:bc-gnso at icann.org>>
Sent: Thursday, May 23, 2013 10:23 AM
Subject: Re: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
I don’t know of any official definition of a closed generic TLD, but perhaps a starting place would be to say that it is a TLD that:
* Consists of a generic term/phrase which
* Is not intended to represent a pre-existing trademark, and
* The registry operator does not intend to sell/grant/give second level domains to the (general?) public
Laura Covington
VP, Intellectual Property Policy
Yahoo! Inc.
lhc at yahoo-inc.com<mailto:lhc at yahoo-inc.com>
408.349.5187
From: "svg at stephanevangelder.com<mailto:svg at stephanevangelder.com>" <svg at stephanevangelder.com<mailto:svg at stephanevangelder.com>>
Date: Thursday, May 23, 2013 12:49 AM
To: "Deutsch, Sarah B" <sarah.b.deutsch at verizon.com<mailto:sarah.b.deutsch at verizon.com>>
Cc: Elisa Cooper <Elisa.Cooper at markmonitor.com<mailto:Elisa.Cooper at markmonitor.com>>, Steve DelBianco <sdelbianco at netchoice.org<mailto:sdelbianco at netchoice.org>>, "bc-gnso at icann.org<mailto:bc-gnso at icann.org>" <bc-gnso at icann.org<mailto:bc-gnso at icann.org>>
Subject: Re: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
Thanks Sarah, J. Scott and Laura for this work.
I am wondering if there is a clear definition of what constitutes a closed generic TLD somewhere?
Failing that, what is to stop the criteria suggested in this text being imposed on, say, a brand that has a term resembling a generic term as its brand name and that would understandably like to operate it for its own exclusive use?
Thanks,
Stéphane Van Gelder
Chairman and Managing Director/Fondateur
STEPHANE VAN GELDER CONSULTING
T (UK): +44 (0)7583 457053
T (FR): +33 (0)6 20 40 55 89
Skype: SVANGELDER
www.StephaneVanGelder.com<http://www.stephanevangelder.com/>
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Le 22 mai 2013 à 22:58, "Deutsch, Sarah B" <sarah.b.deutsch at verizon.com<mailto:sarah.b.deutsch at verizon.com>> a écrit :
All,
To follow up on our BC call this morning, we discussed why the existing draft asking ICANN to develop a non-specific public policy exemption in the Registry Code of Conduct for closed generics was not a good idea. Steve had encouraged me, J. Scott Evans and Laura Covington from Yahoo to put pen to paper and propose specific ideas (building on the Australia’s earlier GAC recommendations on closed generics) rather than for the BC to remain silent on this issue.
Our proposed language is attached for Members’ consideration.
Sarah
Sarah B. Deutsch
Vice President & Deputy General Counsel
Verizon Communications
Phone: 703-351-3044
Fax: 703-351-3670
From: owner-bc-gnso at icann.org<mailto:owner-bc-gnso at icann.org> [mailto:owner-bc-gnso at icann.org] On Behalf Of Elisa Cooper
Sent: Monday, May 20, 2013 3:34 PM
To: Steve DelBianco
Cc: bc-gnso at icann.org<mailto:bc-gnso at icann.org>
Subject: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
Steve,
Thank you so much for all of your work on this.
Please find attached my edits to Sarah’s draft.
As previously stated, I will recuse myself from comments related to Closed Generics. That said, I am concerned that the proposed comments in this draft may be at odds with our earlier position:http://www.bizconst.org/Positions-Statements/BC%20Comment%20on%20Closed%20Generic%20TLDs.pdf.
Thank you again.
Best,
Elisa
Elisa Cooper
Director of Product Marketing
MarkMonitor
Elisa Cooper
Chair
ICANN Business Constituency
208 389-5779 PH
From: owner-bc-gnso at icann.org<mailto:owner-bc-gnso at icann.org> [mailto:owner-bc-gnso at icann.org] On Behalf Of Deutsch, Sarah B
Sent: Monday, May 20, 2013 12:29 PM
To: Steve DelBianco; bc-gnso at icann.org<mailto:bc-gnso at icann.org>
Subject: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
Steve, All,
Thanks for your work on this draft. My comments are attached. One big issue I would flag for members is the paragraph dealing with closed generics. Various BC members have grave concerns about certain closed generics and formal objections have been filed. The focus on applying for an exemption in the Final Guidebook does not fix these fundamental concerns for the reasons outlined in the attached.
I’d suggest that the BC either (a) refrain from taking a position on the closed generic issue altogether or (b) support the GAC’s concerns about closed generics and the need to show that an award of an exclusive right in a generic term is in the larger public interest.
Sarah
From: owner-bc-gnso at icann.org<mailto:owner-bc-gnso at icann.org> [mailto:owner-bc-gnso at icann.org] On Behalf Of Steve DelBianco
Sent: Wednesday, May 15, 2013 4:40 PM
To: bc-gnso at icann.org<mailto:bc-gnso at icann.org>
Subject: [bc-gnso] FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs
ICANN’s new gTLD Board Committee has requested public comment on how it should address GAC advice to establish safeguards for categories of new gTLDs. (link<http://www.icann.org/en/news/public-comment/gac-safeguard-advice-23apr13-en.htm>)
The BC has have held 3 conference calls on this topic (see minutes and transcripts on the BC Wiki<https://community.icann.org/display/gnsobc/Home>). Several BC members provided input, including text from Ron Andruff, Marilyn Cade, and Andrew Mack.
Comment period closes 4-Jun. That allows our regular 14-day review and approval period. So, please REPLY ALL with your suggested edits and comments regarding this draft, before 29-May-2013.
Steve DelBianco
Vice chair for policy coordination
Business Constituency
<BC Comment on GAC Advice for new gTLDs DRAFT v1sd2 (2).docx>
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