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

Sophie Hey sophie.hey at valideus.com
Fri Aug 30 13:53:06 UTC 2019


Hi Justine,

Personally I think the terms of Specification 13 achieve the same outcome as the declaration you would like. However, recognising the concerns you and others share, what if we altered the language so that it states:

“For the avoidance of doubt, if an applicant declares in their application that they will:

  1.  operate the TLD exclusively as a dotBrand; and
  2.  not use the TLD primarily for purposes associated with a city sharing the same name;
then this is not a use of the TLD for “purposes associated with the city name”.

Would you (and others) be willing to support then? I am open to alternative language in part (ii).


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

From: Justine Chew <justine.chew at gmail.com>
Sent: 30 August 2019 14:19
To: Sophie Hey <sophie.hey at valideus.com>
Cc: gnso-newgtld-wg-wt5 at icann.org
Subject: Re: [Gnso-newgtld-wg-wt5] Follow up on non-capital city names

Repeating once again, I do not think it is wise to oust applicability of a key requirement by mere presumption or inference. For optimal avoidance of doubt and maximum transparency, applicants should explicitly state whether they will or will not use their TLD primarily for purposes associated with the city name.

So no, I do support this amended proposal.

Justine
-----


On Fri, 30 Aug 2019 at 13:07, Katrin Ohlmer | DOTZON GmbH <ohlmer at dotzon.com<mailto:ohlmer at dotzon.com>> wrote:
Dear Sophie,

thanks fort he new proposal.

However, the issue with singling out one category of applications remains and will lead to more confusion than clarity. Also, the new proposal lacks the clarification I added with the definite list of cities. Further, negating that there are definite lists of cities seems to be inaccurate in light of the lists which have been proposed over time in the WG.

We do not support the proposal.

Kind regards
Katrin


DOTZON GmbH - digital identities for tomorrow
Akazienstrasse 28
10823 Berlin
Deutschland - Germany
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Mobile: +49 173 2019240
ohlmer at dotzon.consulting<mailto:ohlmer at dotzon.consulting>
www.dotzon.consulting<http://www.dotzon.consulting/>
Besuchen Sie uns auf LinkedIn<https://de.linkedin.com/company/dotzon-gmbh>.

DOTZON GmbH
Registergericht: Amtsgericht Berlin-Charlottenburg, HRB 118598
Geschäftsführer: Katrin Ohlmer
Sitz der Gesellschaft: Akazienstrasse 28, 10823 Berlin

Von: Gnso-newgtld-wg-wt5 <gnso-newgtld-wg-wt5-bounces at icann.org<mailto:gnso-newgtld-wg-wt5-bounces at icann.org>> Im Auftrag von Sophie Hey
Gesendet: Mittwoch, 28. August 2019 17:39
An: gnso-newgtld-wg-wt5 at icann.org<mailto:gnso-newgtld-wg-wt5 at icann.org>
Betreff: [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/<https://unstats.un.org/unsd/demographic-social/products/dyb/documents/dyb2017/table08.pdf>demographic-social<https://unstats.un.org/unsd/demographic-social/products/dyb/documents/dyb2017/table08.pdf>/products/dyb/documents/dyb2017/table08.pdf<https://unstats.un.org/unsd/demographic-social/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:


  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 exclusively as a dotBrand, then this is not a use of the TLD for “purposes associated with the city name”; and
  2.  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

D: +44 (0) 20 7421 8252
T: +44 (0) 20 7421 8299
E: sophie.hey at valideus.com<mailto:sophie.hey at valideus.com>
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