[Gnso-newgtld-wg-wt5] Proposed clarification on intended use for city names

Nick Wenban-Smith Nick.Wenban-Smith at nominet.uk
Fri Aug 9 19:49:36 UTC 2019


It’s hard to see anything the WT5 participants agree on, starting from the basic definition of what is ‘geographic’ in the context of a new gTLD.

Arguably there’s a centre of gravity view that the 2012 rules weren’t totally bad, notwithstanding the .spa etc examples.

But having spent a couple of years now thoroughly unpacking all the issues I’d say the co-chairs should wrap things up as we’re just going round in circles and there’s clearly no consensus to change from 2012.

Best wishes
Nick

Sent from my iPhone

On 9 Aug 2019, at 20:09, Colin OBrien <COBrien at llflegal.com<mailto:COBrien at llflegal.com>> wrote:

In my opinion there is not a strongly held view in WT5 that all geographical names should benefit from prior authorisation or non-objection.
Otherwise the gTLD would confer a global private monopoly on the use of the name, without reference to the affected communities.
Predictability refers as much to the communities and users concerned as it does to the applicants.

This appears to me to be a is a view held by a certain few members of WT5 that repeatedly bring it up.

I recommend a vote at the next meeting asking participants if they agree with the following statement:

That all geographical names should benefit from prior authorisation or non-objection.

Thanks,

Colin




From: Gnso-newgtld-wg-wt5 <gnso-newgtld-wg-wt5-bounces at icann.org<mailto:gnso-newgtld-wg-wt5-bounces at icann.org>> On Behalf Of lists at christopherwilkinson.eu<mailto:lists at christopherwilkinson.eu>
Sent: Friday, August 9, 2019 11:20 AM
To: Sophie Hey <sophie.hey at valideus.com<mailto:sophie.hey at valideus.com>>
Cc: gnso-newgtld-wg-wt5 at icann.org<mailto:gnso-newgtld-wg-wt5 at icann.org>
Subject: Re: [Gnso-newgtld-wg-wt5] Proposed clarification on intended use for city names

Dear Sophie Hay:

I am afraid to say that I cannot support this proposal.

1.  There is a strongly held view in WT5 that all geographical names should benefit from prior authorisation or non-objection.
Otherwise the gTLD would confer a global private monopoly on the use of the name, without reference to the affected communities.
Predictability refers as much to the communities and users concerned as it does to the applicants.

2.  The reference to non-geographical use is quite problematic:  How shall it be monitored and if necessary policed? What happens in the future should the local authorities wish to recuperate their name for their own geographical purposes? Would there be a time limit? What do we mean by ‘primarily … associated…’ ?

3.  Th reference to ‘brands’ needs some clarification.

              -             If the brand is a trademark somewhere, it is already extensively protected in the DNS. However trademarks relate to sectors of activity and jurisdictions. I believe that there is nothing in trademark law that would authorise a global monopoly for any particular trademark, through a gTLD.

              -             if the brand is not a trademark, then one should be even more prudent; otherwise it might appear that the applicant is attempting an ‘end-run’ around the whole of trademark law by obtaining a global monopoly directly through a gTLD.

Naturally, if the name I question is also a geographical name, one risks embroiling the local authorities concerned in third party trademark disputes that are none of their making.

Best Regards

Christopher Wilkinson

PS: you will of course also be aware that several members of WT5 are quite sceptical about the scope and possibility for local authorities to ‘file objections’ etc.
This is why there is a strong preference for preventative rather than ‘curative’ measures.


On 9 Aug 2019, at 15:20, Sophie Hey <sophie.hey at valideus.com<mailto:sophie.hey at valideus.com>> wrote:

Dear all,

Following the call this week and the request for proposals that we think could garner support, I would like to suggest amending the text in AGB 2.2.1.4.2 part 2 on non-capital city names by adding the blue text.

  1.  It is clear from applicant statements within the application that the applicant will use the TLD primarily for purposes associated with the city name. For the avoidance of doubt, where the applicant states in their application that they intend to use the TLD as a .Brand (intend to have Specification 13 in their Registry Agreement) it will be taken that the TLD will not be used primarily for purposes associated with the city name.

Rationale:
The current AGB text states that “city names present challenges because city names may also be generic terms or brand names, and in many cases city names are not unique”. This language does not aim to change the position from the AGB 2012, but merely aims to provide greater clarity and certainty for potential applicants. At the same time, it ensures that the relevant authorities are consulted when an applicant intends to use a TLD for purposes associated with a city. If a government or local authority is concerned with an application, they are not precluded from filing an objection (as they could in 2012) or filing their own application. The current rules on resolving contention sets in AGB 2.2.1.4.4 or module 4 will not be impacted by the text.

Kind regards,

Sophie Hey
Policy Advisor

Valideus
28-30 Little Russell Stree1.jpg>

Liability cannot be accepted for statements made which are clearly the sender’s own and not made on behalf of Valideus.
This message is intended solely for the addressee and may contain confidential information. If you have received this message in error, please send it back to us, and immediately and permanently delete it. Do not use, copy or disclose the information contained in this message or in any attachment.
Valideus Ltd is registered in England and Wales with company number 06181291 and VAT number 272 9057 85.  Our registered office is at 28-30 Little Russell Street, London, WC1A 2HN.

________________________________
The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that the Com Laude Group does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 06181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176, having its registered office at 33 Melville Street, Edinburgh, Lothian, EH3 7JF Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, headquartered at 1751 Pinnacle Drive, Suite 600, McLean, VA 22102, USA; Com Laude (Japan) Corporation, a company registered in Japan having its registered office at Suite 319,1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan. For further information see www.comlaude.com<https://comlaude.com/>_______________________________________________
Gnso-newgtld-wg-wt5 mailing list
Gnso-newgtld-wg-wt5 at icann.org<mailto:Gnso-newgtld-wg-wt5 at icann.org>
https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg-wt5
_______________________________________________
By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

_______________________________________________
Gnso-newgtld-wg-wt5 mailing list
Gnso-newgtld-wg-wt5 at icann.org<mailto:Gnso-newgtld-wg-wt5 at icann.org>
https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg-wt5
_______________________________________________
By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-newgtld-wg-wt5/attachments/20190809/54657a7d/attachment-0001.html>


More information about the Gnso-newgtld-wg-wt5 mailing list