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At 24/10/2011 06:37 AM, Neuman, Jeff wrote:<br>
<blockquote type=cite class=cite cite="">All,<br>
<br>
Please find enclosed a proposed draft of a note that I believe should be
sent by Stephane to the GAC documenting our discussion yesterday on the
IOC/Red Cross names, including both a recap of our understanding of the
proposal and the questions we have. This is a first draft and I
welcome your comments or suggestions. I know the suggestion that we
form a joint group was met with silence, but I strongly believe we should
continue to press on that.<br><br>
Thanks.<br>
<br>
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++<br>
<br>
<br>
Dear __________,<br>
<br>
The GNSO Council truly appreciates the work that has gone into the GAC’s
“Proposal to the GNSO RE: Protecting the International Committee and Red
Cross/Red Crescent Names in New gTLDs” (“Proposal”). We want
to assure you that the GNSO Council has taken, and will continue to take,
the proposal seriously. At this point in time, we do not have a
consensus position of the Council on this topic, but believe the way
forward is to try and find a way work with collaboratively with the GAC
to find a workable solution to the issues identified.<br>
<br>
To that end, we wanted to document our understanding of the proposal to
ensure that <u>we had a</u></blockquote><br>
Replace phrase: we both have a<br><br>
<blockquote type=cite class=cite cite=""> common understanding
<u>on</u></blockquote><br>
Replace word: of<br><br>
<blockquote type=cite class=cite cite=""> the Proposal.
Our understanding is that the Proposal at the top-level is (a) to place
the exact strings contained in Schedule A of the Proposal on the official
reserved names list as opposed to the “Strings Ineligible for
Registration” list in the Applicant Guidebook, and (b) that the
reservation be a permanent one as opposed to applying in just the initial
round.</blockquote><br>
Add: This implies that the names may not be used as gTLDs, even at the
request of the designated trade-mark owners.<br><br>
<blockquote type=cite class=cite cite=""> <br>
At the second-level, the Proposal asks that the strings contained in
Schedule A be “reserved”. With respect to this proposal, the GNSO
raised several questions during its discussions this weekend. The
first is to confirm whether the reservation sought applies just to exact
matches of those marks or whether it is the GAC’s desire to “reserve” all
strings containing those marks. We have assumed it was the former,
but would like to confirm.</blockquote><br>
I think that a few examples of names that could be registered under this
assumption should be included. Perhaps Olympics-Seoul, Olympic-Games and
Red-Cross and RedCross-Tsunami.<br><br>
It may also be worth pointing out that at the second level, there are
currently no (few?) examples where such comparison test are made during
the second-level domain registration process, and the implementation of
such a requirement may be problematic. <br><br>
<blockquote type=cite class=cite cite=""> <br>
<br>
In addition, the GNSO Council noted that there are several types of
Reserved Names contained within the proposed new gTLD ICANN Registry
Agreement. The first type which only consists of the string
“EXAMPLE” is a reserved name which may under no circumstances be
delegated at the second level. The second type of Reserved Names
are those that are initially reserved, but may be used by the Registry
Operator (eg, www, nic and whois). A third type of reserved names
are those that are initially reserved, but may be delegated under certain
limited circumstances. For example, two character strings are
initially reserved, however, the Registry Operator may propose release of
these reservations based on its implementation of measures to avoid
confusion with the corresponding country codes. Further, country
and territory names are initially reserved, but may be released to the
extent that the Registry Operator reaches agreement with the applicable
government(s), or subject to review by ICANN’s Governmental Advisory
Committee and approval by ICANN.<br>
<br>
Finally, the GNSO understands that with respect to both the IOC and Red
Cross marks, there may be certain circumstances in which the IOC, Red
Cross and/or their affiliated entities may want to use the domain names
and the second-level themselves. In addition, notwithstanding the
international protection afforded to these marks, there may be certain
circumstances where third parties do have a legitimate right to use and
register these marks either due to grandfathering rules, geographic
considerations, etc. (eg., Olympic Airlines and Olympic paint).
Therefore, the GNSO believes that there should be a mechanism to release
these names to those entities and that such a mechanism still needs to be
developed.<br>
<br>
The GNSO Council would like to thank the GAC for the well thought out and
detailed proposal and would like to again request that the GNSO work
collaboratively together to address these questions We believe a good way
forward would be solicit volunteers from both the GAC and GNSO to form a
committee or task force to work through these issues with the goal of
sending those recommendations back to their respective organizations for
approval. We know time is limited to resolve these matters and
remain committed to do so as quickly as possible.</blockquote><br>
Lastly, their cover letter says: "The GAC's proposal characterizes
protection of the Red Cross and IOC names at the second level as an
implementation aspect of the new gTLD program, consistent with existing
registry contracts."<br><br>
Does that imply an expectation that whatever comes out of this process
will be applied to existing gTLDs as well?<br><br>
Alan<br><br>
<blockquote type=cite class=cite cite=""> <br>
Respectfully submitted,<br>
<br>
_____________________<br>
<br>
<b>Jeffrey J. Neuman <br>
Neustar, Inc. / Vice President, Law & Policy</b><br>
21575 Ridgetop Circle, Sterling, VA 20166<br>
<b>Office: </b>+1.571.434.5772 <b>Mobile: </b>+1.202.549.5079
<b>Fax: </b>+1.703.738.7965 <b>/</b>
<a href="mailto:jeff.neuman@neustar.biz">jeff.neuman@neustar.biz</a>
<b>/</b>
<a href="http://www.neustar.biz/" eudora="autourl">www.neustar.biz</a>
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