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

Wed Sep 4 00:07:49 UTC 2019

Hi Sophie,

Your proposed additional amendments makes it even more obvious to me why
your intervention is redundant.

For the record -- I inadvertently omitted the word "not" in my earlier
reply (as highlighted below) -- my position remains as before, in other
words, I do not support your proposal.

Kind regards,
Justine
-----

On Fri, 30 Aug 2019 at 21:53, Sophie Hey <sophie.hey at valideus.com> wrote:

> 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
>
>
>
> *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 NOT support this amended proposal.
>
> Justine
> -----
>
>
>
>
>
> On Fri, 30 Aug 2019 at 13:07, Katrin Ohlmer | DOTZON GmbH <
> 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
> Tel: +49 30 49802722
> Fax: +49 30 49802727
> Mobile: +49 173 2019240
> ohlmer at dotzon.consulting
> 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> *Im
> Auftrag von *Sophie Hey
> *Gesendet:* Mittwoch, 28. August 2019 17:39
> *An:* 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
> www.valideus.com
>
>
>
>
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>
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>
>
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> 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
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