[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

Sophie Hey sophie.hey at valideus.com
Fri Aug 23 10:10:39 UTC 2019


Dear Alexander,

I am proposing this language to improve the clarity of the provision for all potential applicants. I agree that “purposes associated with the city name” does not include dotBrand applicants. However, in the public comment period, the United States Government, NCSG, and part of the ALAC, all expressed concerns about the wording in this provision. I am not looking to re-open the intended use debate, rather highlight that there were concerns raised in the public comment period about the wording of this provision.

I am unclear on what additional rights or loopholes would arise under this proposed language, which only identifies one clear purpose that would not be “a purpose associated with the city name”.

Hope this helps,
Sophie


Sophie Hey
Policy Advisor
Valideus
D: +44 (0) 20 7421 8252
E: sophie.hey at valideus.com<mailto:sophie.hey at valideus.com>

Com Laude, Demys and Valideus August Bank Holiday Opening Hours

The UK offices of Com Laude Group will be closed for a UK public holiday on Monday 26 August 2019, reopening on Tuesday 27 August 2019. If you have an urgent matter for the Valideus team, please email jeff.neuman at valideus.com<mailto:jeff.neuman at valideus.com>, and cc your client manager.

From: Gnso-newgtld-wg-wt5 <gnso-newgtld-wg-wt5-bounces at icann.org> On Behalf Of Alexander Schubert
Sent: 22 August 2019 15:05
To: gnso-newgtld-wg-wt5 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

Dear Sophie,

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).

Thanks,

Alexander




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<mailto:andrea.glandon at icann.org>>; 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: 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

Dear all,

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 2.2.1.4.2 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:


  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, 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”;
  2.  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.

Kind regards,

Sophie Hey
Policy Advisor
Valideus
D: +44 (0) 20 7421 8252
E: sophie.hey at valideus.com<mailto:sophie.hey at valideus.com>

Com Laude, Demys and Valideus August Bank Holiday Opening Hours

The UK offices of Com Laude Group will be closed for a UK public holiday on Monday 26 August 2019, reopening on Tuesday 27 August 2019. If you have an urgent matter for the Valideus team, please email jeff.neuman at valideus.com<mailto:jeff.neuman at valideus.com>, and cc your client manager.

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

Dear all,


All recordings for the New gTLD Subsequent Procedures Sub Team – Track 5 – Geographic Names at the Top Level - call held on Wednesday, 21 August 2019 at 14:00 UTC can be found on the agenda wiki page <https://community.icann.org/x/faujBg> (attendance included) and the GNSO Master calendar <https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_en_group-2Dactivities_calendar&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=lhHF0M6JaIYeLBnC3Q9bqu2sZWPv1nLAgZnVMGCKrHU&s=Tzxf9LTtBSdrMY8pcfoDex94Y46jW4hgjQNgWe51VqU&e=> .

These include:

  *   Attendance (please let me know if your name has been left off the attendance list)
  *   Audio recording
  *   Zoom chat archive
  *   Zoom recording (including audio, visual, rough transcript)
  *   Transcript



As a reminder only members can join the call, observers can listen to the recordings and read the transcript afterwards. Please email gnso-secs at icann.org<mailto:gnso-secs at icann.org> if you would like to change your status from observer to member.



For additional information, you may consult the mailing list archives <http://mm.icann.org/pipermail/gnso-newgtld-wg-wt5/> and the main wiki page<https://community.icann.org/x/YASbAw>.



Thank you.

Kind regards,

Andrea

________________________________
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>
________________________________
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>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-newgtld-wg-wt5/attachments/20190823/16db03de/attachment-0001.html>


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