[Gnso-newgtld-wg-wt5] Post call | New gTLD Subsequent Procedures Sub Team – Track 5 – Geographic Names at the Top Level - call | Wednesday, 21 August 2019 at 05:00 UTC
alexander at schubert.berlin
Thu Aug 22 14:04:59 UTC 2019
The question arises: If a “real brand” is qualifying for Spec 13 on its own merits – why having to add such “general clause”? Could you provide an example of “harm” for “brands” if such clause would not exist? What do you try to “fix”? Each “fix” that creates an “automatic right” will be source for a “loophole”.
Long story short:
Your suggestion makes sense for real brands – but real brands qualify anyway by virtue of intended use – so your rule will only serve as loophole for tricksters; which we did ONLY not see in 2012 because nobody foresaw the success of city gTLDs (or rather: just a few where believers).
From: Gnso-newgtld-wg-wt5 [mailto:gnso-newgtld-wg-wt5-bounces at icann.org] On Behalf Of Sophie Hey
Sent: Mittwoch, 21. August 2019 14:52
To: Andrea Glandon <andrea.glandon at icann.org>; gnso-newgtld-wg-wt5 at icann.org
Cc: gnso-secs at icann.org
Subject: Re: [Gnso-newgtld-wg-wt5] Post call | New gTLD Subsequent Procedures Sub Team – Track 5 – Geographic Names at the Top Level - call | Wednesday, 21 August 2019 at 05:00 UTC
Following the discussion on non-capital city names on this call and the support and concerns expressed on additional language, I would like to suggest the following as alternative text to AGB 220.127.116.11.2 part 2. I have also included the entirety of part 2 for greater clarity. The blue text is the proposed addition, the black is what is currently in the AGB:
2. An application for a city name, where the applicant declares that it intends to use the gTLD for purposes associated with the city name.
City names present challenges because city names may also be generic terms or brand names, and in many cases city names are not unique. Unlike other types of geographic names, there are no established lists that can be used as objective references in the evaluation process. Thus, city names are not universally protected. However, the process does provide a means for cities and applicants to work together where desired.
An application for a city name will be subject to the geographic names requirements (i.e., will require documentation of support or non-objection from the relevant governments or public authorities) if:
(a) 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, if an applicant declares in their application that they will operate the TLD as a dotBrand, then this is not a use of the TLD for “purposes associated with the city name”;
(b) The applied-for string is a city name as listed on official city documents.
The previous blue language read as follows: 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.
Looking forward to hearing everyone’s thoughts on this.
D: +44 (0) 20 7421 8252
E: sophie.hey at valideus.com <mailto:sophie.hey at valideus.com>
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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 Andrea Glandon
Sent: 21 August 2019 07:28
To: gnso-newgtld-wg-wt5 at icann.org <mailto:gnso-newgtld-wg-wt5 at icann.org>
Cc: gnso-secs at icann.org <mailto:gnso-secs at icann.org>
Subject: [Gnso-newgtld-wg-wt5] Post call | New gTLD Subsequent Procedures Sub Team – Track 5 – Geographic Names at the Top Level - call | Wednesday, 21 August 2019 at 05:00 UTC
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