[Gnso-newgtld-wg-wt5] Follow up on non-capital city names

Wed Aug 28 18:56:37 UTC 2019

Dear Sophie,

You are arguing for the addition of this policy piece:

"..For the avoidance of doubt, if an applicant declares in their application
that they will operate the TLD exclusively as a dotBrand, then this is not a
use of the TLD for "purposes associated with the city name ..."

This proposal is desired by brand-lobbyists; but by nobody else. You are
introducing wide-sweeping rights for entities who invoke Spec 13 - with an
unjustified general exoneration (vindication) for Spec 13 applicants in
regards to their true intends. Why avoiding doubt via policy - when having
doubts is the JOB of the geo-panel?

If your policy addition would be incorporated then city-gTLD applicants
could simply apply for the city-name, invoke Spec 13 (the requisite
requirements for a Spec 13 designation are easy to meet and do not create
any organizational or financial hurdles at all); and voila: they have a city
gTLD and can now start to offer domains to interested parties. And to whom
would they market these domains? To members of the city-community and domain
scalpers of course. Without any repercussions as your policy addition would
create a "card-blanche".  They would offer the domains via the registrar
channel - just like any other gTLD; with the addition of a "TM License".
Spec 13 allows registrations to "Licensees". I am sure there are enough TM
jurisdictions where making someone a "licensee" is the easiest thing in the
world: your probably just declare them a licensee and that is it.

And you want to create such glaring loophole to fix WHAT exactly? If we add
policies we don't do for "convenience"; we do so to fix something. What
needs to be fixed here? Brands are scared to "accidentally" have a brand
name that is identical to a city? Well: make clear in your application that
there is no connotation, targeting or association intended or created by
your brand (but don't lie!). If your brand is however CLEARLY living off the
reputation of a city - then you will need to talk to the city of course.
That's not a "bug" - that's a "feature" in the current AGBs.

It's all in the hands of the brand. Nobody is going to punish you if your
brand is accidentally identical to some city. The geo-panel isn't partisan
here: they are independent.

My counterproposal: Spec 13 applications should not be permitted for
geo-name-based strings at all. 

So here we have two proposals:

1.       Creating wide sweeping additional rights that are supposed to "fix"
a problem that doesn't exist in the first place

2.       Denying Spec 13 for strings that are an exact match with a
city-name (maybe with the addition: if the "city proper "has more than 100k
inhabitants)

I am supporting proposal 2; and very much oppose proposal 1!

Thanks,

Alexander

From: Gnso-newgtld-wg-wt5 [mailto:gnso-newgtld-wg-wt5-bounces at icann.org] On
Behalf Of Sophie Hey
Sent: Wednesday, August 28, 2019 6:39 PM
To: gnso-newgtld-wg-wt5 at icann.org
Subject: [Gnso-newgtld-wg-wt5] Follow up on non-capital city names

All,

Just to follow up on the text which I think could combine the two proposals
on non-capital city names. The text additional to the 2012 AGB is in blue. I
have incorporated the list from Katrin's proposal into the preamble and the
national legislation reference remains in the body of the provision. 

Hoping we can come to agreement on this!

Sophie

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. However, applicants may
find it useful to review the 2017 UN Demographic Yearbook Table 8 to find a
list of city names with more than 100,000 inhabitants as a reference point
<https://unstats.un.org/unsd/demographic-social/products/dyb/documents/dyb20
17/table08.pdf> https://unstats.un.org/unsd/
<https://unstats.un.org/unsd/demographic-social/products/dyb/documents/dyb20
17/table08.pdf> demographic-social
<https://unstats.un.org/unsd/demographic-social/products/dyb/documents/dyb20
17/table08.pdf> /products/dyb/documents/dyb2017/table08.pdf. 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 exclusively as a dotBrand, then
this is not a use of the TLD for "purposes associated with the city name";
and

(b)     The applied-for string is an exact match of a city name as listed on
official city documents or as set out in national legislation designating
the place as a city. 

Sophie Hey
Policy Advisor

Valideus
28-30 Little Russell Street
London WC1A 2HN
United Kingdom

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