[Gnso-newgtld-wg-wt5] "Intended Use" Discussion

Javier Rua javrua at gmail.com
Wed May 9 13:44:34 UTC 2018


Katrin,

Thanks for this insightful mail.  Looking forward to the call in a few minutes!

Javier Rúa-Jovet
ALAC

+1-787-396-6511
twitter: @javrua
skype: javier.rua1
https://www.linkedin.com/in/javrua 


> On May 9, 2018, at 7:27 AM, Katrin Ohlmer | DOTZON GmbH <ohlmer at dotzon.com> wrote:
> 
> Dear Jeff,
>  
> let me propose a way forward on your three identified potential causes for the issues:
>  
> (1) lack of knowledge that the name in question would be considered by anyone to be geographic
> > a search on wikipedia.org would determine that e.g. .lucerne has several geographic meanings. The knowledge, whether an application would be considered by someone to be geographic, can be gained this way pretty easily.
>  
>  
> (2) the belief that since they were not planning on using the name in a geographic sense they did not need to seek any form of non-objection, nor did they know from whom to get such a letter
>  
> I believe that the AGB provided some answers to the questions others raised. However, more clarity might be helpful, how to identify the proper contact.
>  
> > The AGB 2012, 2.2.1.4 states: “Applicants should review these requirements even if they do not believe their intended gTLD string is a geographic name. All applied-for gTLD strings will be reviewed according to the requirements in this section, regardless of whether the application indicates it is for a geographic name.”
>  
> > The AGB 2012, 2.2.4.2.1 states: “In the event of any doubt, it is in the applicant’s interest to consult with relevant governments and public authorities and enlist their support or non-objection prior to submission of the application, in order to preclude possible objections and pre-address any ambiguities concerning the string and applicable requirements.”
>  
> >The AGB 2012 states: “Note: the level of government and which administrative agency is responsible for the filing of letters of support or non-objection is a matter for each national administration to determine. Applicants should consult within the relevant jurisdiction to determine the appropriate level of support.”
>  
>  
> (3) lack of an incentive for the relevant governmental authority to even come to the table to discuss the application or to agree to write such a letter
>  
> Can the person who raised this point elaborate what exactly has been the issue in 2012?
>  
>  
> In the last round, ICANN issues “Applicant Advisories” for certain topics, like the COI. Would a “GEO-Advisory” be helpful in order to determine if the applied-for TLD equals a geo term and if so, which next steps are expected / recommended from applicants?
>  
> Kind regards,
> Katrin
>  
>  
> DOTZON GmbH - digital identities for tomorrow
> Akazienstrasse 28
> 10823 Berlin
> Deutschland - Germany
> Tel: +49 30 49802722
> Fax: +49 30 49802727
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> 
> DOTZON GmbH
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> Geschäftsführer: Katrin Ohlmer
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>  
> Von: Gnso-newgtld-wg-wt5 [mailto:gnso-newgtld-wg-wt5-bounces at icann.org] Im Auftrag von Jeff Neuman
> Gesendet: Dienstag, 8. Mai 2018 19:31
> An: Jorge.Cancio at bakom.admin.ch; alexander at schubert.berlin; gnso-newgtld-wg-wt5 at icann.org
> Betreff: Re: [Gnso-newgtld-wg-wt5] "Intended Use" Discussion
>  
> Jorge,
>  
> Appreciate the feedback.  Just a couple of questions:
>  
> You state:
>  
> “As to the dozen names that did not fall under the geonames provisions, there I agree that we had and still have around problematic cases. In fact, as said, I believe that those problems were due to the lack of the non-objection requirement, i.e. applicants apparently did not have enough incentives to seek an agreement/non-objection from the affected public authorities, with the ensuing problems we all know…”
>  
> However, others have stated that they believe the problems stem from (1) lack of knowledge that the name in question would be considered by anyone to be geographic, (2) the belief that since they were not planning on using the name in a geographic sense they did not need to seek any form of non-objection, nor did they know from whom to get such a letter, and (3) lack of an incentive for the relevant governmental authority to even come to the table to discuss the application or to agree to write such a letter.
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