[Gnso-rpm-sunrise] Definitions of Reserved Names, Premium Names and Premium Pricing
Kathy Kleiman
kathy at kathykleiman.com
Tue Jun 13 18:53:38 UTC 2017
Hi Kristine, Useful discussion! At least as I read Registry Agreement
2.6, it's a reference to Specification 5 - thus, the same 100 Reserved
Names (which the New gTLD Registry Operator does not have to share). But
as I read and have always read the language, anything beyond that 100
Reserved Names may be registered by the Registry Operator but cannot be
merely "reserved," but must be "registered" through a Registrar under
the Registry name (or some other corporate name). Thus, these domains
would not be "Reserved Name" (e.g., a special list of unregistered
domains), but will be visible, registered domain names appearing in the
Whois.
The problem I thought we were facing is some New gTLD Registries
creating large Reserved Lists (far beyond the 100 of Specification 5,
and outside the requirements of 2.6.) If that's not an issue, then
great. But the problems I was hearing with "Reserved Names" would seem
to be beyond a few dozen here or there...
But you are working through today's reality while I am living the
original Registry Agreement drafting and understanding. What am I missing?
Registry Agreement Section 2.6 below.
Best and tx, Kathy
2.6
Reserved Names. Except to the extent that ICANN
otherwise expressly
authorizes in writing, Registry Operator shall comply
with the requirements set forth in
Specification 5 attached hereto (“Specification 5”).
Registry Operator may at any time
establish or modify policies concerning Registry
Operator’s ability to reserve (i.e., withhold
from registration or allocate to Registry Operator,
but not register to third parties, delegate,
use, activate in the DNS or otherwise make
available) or block additional character strings
within the TLD at its discretion. Except as
specified in Specification 5, if Registry Operator
is the registrant for any domain names in the
registry TLD, such registrations must be
through an ICANN accredited registrar, and will be
considered Transactions (as defined in
Section 6.1) for purposes of calculating the
Registry-‐ level transaction fee to be paid to
ICANN by Registry Operator pursuant to Section 6.1
On 6/13/2017 1:35 PM, Dorrain, Kristine wrote:
>
> This is why I included the citations to the RA.
>
> Section 2.6: Registries can reserve or block names.
>
> Spec 5: Registries MUST reserve certain names and can reserve up to
> 100 names for its own RO use without paying (or allocate them to
> customers in a QLP).
>
> Pricing and designation of some names as “premium” may sometimes go
> hand in hand with reserving them, but it’s separate, as the
> definitions below make clear.
>
> Kristine
>
> *From:*gnso-rpm-sunrise-bounces at icann.org
> [mailto:gnso-rpm-sunrise-bounces at icann.org] *On Behalf Of *Lori Schulman
> *Sent:* Tuesday, June 13, 2017 10:30 AM
> *To:* Kathy Kleiman <kathy at kathykleiman.com>; gnso-rpm-sunrise at icann.org
> *Subject:* Re: [Gnso-rpm-sunrise] Definitions of Reserved Names,
> Premium Names and Premium Pricing
>
> The quotes can be removed. These are original definitions that I
> drafted based on my understanding of the terms. Sorry for the
> confusion. I had started using the quotes to set the language apart.
> It doesn’t really matter.
>
> Too my understanding all reserve names are reserved by contract no
> matter the reason. There are the 100 which can be for
> marketing/whatever, the name collision lists, the geo terms, etc. In
> my opinion the definition should try to cover it all. If there are
> noncontractual reserved names then we might segregate the definition.
>
> Staff, is there such a thing as uncontracted reserve names?
>
> Lori S. Schulman
>
> Senior Director, Internet Policy
>
> *International Trademark Association (INTA)*
>
> +1-202-704-0408, Skype: lsschulman
>
> *From:*gnso-rpm-sunrise-bounces at icann.org
> <mailto:gnso-rpm-sunrise-bounces at icann.org>
> [mailto:gnso-rpm-sunrise-bounces at icann.org] *On Behalf Of *Kathy Kleiman
> *Sent:* Tuesday, June 13, 2017 7:25 PM
> *To:* gnso-rpm-sunrise at icann.org <mailto:gnso-rpm-sunrise at icann.org>
> *Subject:* Re: [Gnso-rpm-sunrise] Definitions of Reserved Names,
> Premium Names and Premium Pricing
>
> I understand that there is a second set of reserved names which goes
> beyond the 100 domain names that New gTLD Registries are allowed under
> the Registry Agreement for operational and technical purposes (e.g.,
> nic.newgld).
>
> Beyond these Reserved Names, there is a different list (much more
> massive in some cases) that some Registry Operators register for
> themselves and keep in abeyance - not for sale as Premium Names. It is
> a different list, and apparently causing the larger headache. Both are
> informally called "Reserved Names," but the latter may be the larger
> headache. Shall we mention both -- and give them different names,
> e.g., Reserved Names[contract] and Reserved Names[outside the contract]?
>
> Question: quotation marks are confusing below. Premium Names has a
> close quote at the end, but no open quote and no citation. Premium
> pricing has an open quote at the start, but no close quote, and also
> no citation. If we are citing documents, could we put the citation in
> and a link?
>
> Best, Kathy
>
> On 6/13/2017 12:08 PM, Lori Schulman wrote:
>
> And for clarity,
>
> Here we are now with the drafting:
>
> Reserved names: second level domain names that are withheld from
> registration per written agreement between the registry and
> ICANN(Section 2.6 and Specification 5 in the base Registry Agreement).
>
> Premium names: second level domain names that are offered for
> registration that, in the determination of the registry, are more
> desirable for the purchaser”
>
> Premium pricing, “second level domain names that are offered for
> registration, that in the determination of the registry are more
> desirable for the purchaser and will command a price that is
> higher than a nonpremium name. Premium prices may vary depending
> on what the registry perceives as having greater value to the
> domain purchaser. This may include: length of string; whether the
> string is an acronym, or whether the string has other meaning in
> the market”
>
> Please add any further comments on this version and keep the
> string going.
>
> Lori
>
> Lori S. Schulman
>
> Senior Director, Internet Policy
>
> *International Trademark Association (INTA)*
>
> +1-202-704-0408, Skype: lsschulman
>
> *From:*gnso-rpm-sunrise-bounces at icann.org
> <mailto:gnso-rpm-sunrise-bounces at icann.org>
> [mailto:gnso-rpm-sunrise-bounces at icann.org] *On Behalf Of *Lori
> Schulman
> *Sent:* Tuesday, June 13, 2017 6:05 PM
> *To:* Dorrain, Kristine <dorraink at amazon.com>
> <mailto:dorraink at amazon.com>; Amr Elsadr <amr.elsadr at icann.org>
> <mailto:amr.elsadr at icann.org>; gnso-rpm-sunrise at icann.org
> <mailto:gnso-rpm-sunrise at icann.org>
> *Subject:* Re: [Gnso-rpm-sunrise] Definitions of Reserved Names,
> Premium Names and Premium Pricing
>
> I support removing the sentences and then keep them in reserve if
> the issue about needing more clarification is raised either on our
> subteam call or the full review group.
>
> Lori
>
> Lori S. Schulman
>
> Senior Director, Internet Policy
>
> *International Trademark Association (INTA)*
>
> +1-202-704-0408, Skype: lsschulman
>
> *From:*Dorrain, Kristine [mailto:dorraink at amazon.com]
> *Sent:* Tuesday, June 13, 2017 5:58 PM
> *To:* Lori Schulman <lschulman at inta.org
> <mailto:lschulman at inta.org>>; Amr Elsadr <amr.elsadr at icann.org
> <mailto:amr.elsadr at icann.org>>; gnso-rpm-sunrise at icann.org
> <mailto:gnso-rpm-sunrise at icann.org>
> *Subject:* RE: [Gnso-rpm-sunrise] Definitions of Reserved Names,
> Premium Names and Premium Pricing
>
> Thanks Lori,
>
> I think the first sentence is clear and concise and I like it. I
> prefer just removing last two sentences also, unless other members
> feel the explanation adds something.
>
> But I do not object to your revision in #2 either, if the group
> feels it’s necessary.
>
> Thank you,
>
> Kristine
>
> *From:*Lori Schulman [mailto:lschulman at inta.org]
> *Sent:* Tuesday, June 13, 2017 8:50 AM
> *To:* Dorrain, Kristine <dorraink at amazon.com
> <mailto:dorraink at amazon.com>>; Amr Elsadr <amr.elsadr at icann.org
> <mailto:amr.elsadr at icann.org>>; gnso-rpm-sunrise at icann.org
> <mailto:gnso-rpm-sunrise at icann.org>
> *Subject:* RE: [Gnso-rpm-sunrise] Definitions of Reserved Names,
> Premium Names and Premium Pricing
>
> Hi, Kristine,
>
> Thank you for your points. I agree with the references in red.
> As far as the purple goes, I had debated on including it but
> wondered if examples would be helpful. Once I thought about
> examples, I felt that in fairness to the process, I should mention
> dictionary terms and trademarks. I agree that the language could
> carry emotional weight for some but I also think that it reflects
> market realities and it is a statement of fact. I don’t agree
> with other term of value to RO as the value is to the purchaser or
> what the RO thinks the purchaser might pay. Perhaps a compromise
> is “This may include: length of string; whether the string is an
> acronym, or whether the string has other meaning in the market.”
>
> I don’t necessarily object to removing the last 2 sentences
> entirely but I thought some explanation could be useful to the
> process. My proposal would be to:
>
> 1)Remove last 2 sentences entirely
>
> 2)or revise as “This may include: length of string; whether the
> string is an acronym, or whether the string has other meaning in
> the market.”
>
> Would that work for you?
>
> Any thoughts or suggestions from others?
>
> Lori S. Schulman
>
> Senior Director, Internet Policy
>
> *International Trademark Association (INTA)*
>
> +1-202-704-0408, Skype: lsschulman
>
> *From:*Dorrain, Kristine [mailto:dorraink at amazon.com]
> *Sent:* Tuesday, June 13, 2017 5:21 PM
> *To:* Lori Schulman <lschulman at inta.org
> <mailto:lschulman at inta.org>>; Amr Elsadr <amr.elsadr at icann.org
> <mailto:amr.elsadr at icann.org>>; gnso-rpm-sunrise at icann.org
> <mailto:gnso-rpm-sunrise at icann.org>
> *Subject:* RE: [Gnso-rpm-sunrise] Definitions of Reserved Names,
> Premium Names and Premium Pricing
>
> Thanks Lori. Here are my thoughts:
>
> Just for clarity, I suggest adding the reference in red for people
> who aren’t familiar with the registry agreement.
>
> As far as premium pricing, I think the second two sentences of
> explanation aren’t needed and changed the text to purple for the
> group to consider my opinion. At a minimum, I think the yellow
> highlighted bit is kind of emotionally charged to imply that
> registry operators put a premium price on established trademarks.
> Certainly we want to investigate those claims, but I think listing
> it as an example can create bias. If the group votes to leave the
> purple text, I propose we change the highlighted text to…”or
> dictionary term or other term of value to the RO.”
>
> Thanks for kicking this off, Lori!
>
> Kristine
>
> *From:*gnso-rpm-sunrise-bounces at icann.org
> <mailto:gnso-rpm-sunrise-bounces at icann.org>
> [mailto:gnso-rpm-sunrise-bounces at icann.org] *On Behalf Of *Lori
> Schulman
> *Sent:* Tuesday, June 13, 2017 3:02 AM
> *To:* Amr Elsadr <amr.elsadr at icann.org
> <mailto:amr.elsadr at icann.org>>; gnso-rpm-sunrise at icann.org
> <mailto:gnso-rpm-sunrise at icann.org>
> *Subject:* [Gnso-rpm-sunrise] Definitions of Reserved Names,
> Premium Names and Premium Pricing
>
> I am taking stab at definitions so we can have a jumping off
> point. I would like to have these nailed down by the time of our
> call on Friday.
>
> Reserved names: second level domain names that are withheld from
> registration per written agreement between the registry and
> ICANN(Section 2.6 and Specification 5 in the base Registry Agreement).
>
> Premium names: second level domain names that are offered for
> registration that, in the determination of the registry, are more
> desirable for the purchaser”
>
> Premium pricing, “second level domain names that are offered for
> registration, that in the determination of the registry are more
> desirable for the purchaser and will command a price that is
> higher than a nonpremium name. Premium prices may vary depending
> on what the registry perceives as having greater value to the
> domain purchaser. This may include: length of string; whether the
> string is an acronym, dictionary term or trademark with
> established good will.”
>
> Lori
>
> Please send you
>
> Lori S. Schulman
>
> Senior Director, Internet Policy
>
> *International Trademark Association (INTA)*
>
> +1-202-704-0408, Skype: lsschulman
>
> *From:*gnso-rpm-sunrise-bounces at icann.org
> <mailto:gnso-rpm-sunrise-bounces at icann.org>
> [mailto:gnso-rpm-sunrise-bounces at icann.org] *On Behalf Of *Amr Elsadr
> *Sent:* Tuesday, June 13, 2017 1:10 AM
> *To:* gnso-rpm-sunrise at icann.org <mailto:gnso-rpm-sunrise at icann.org>
> *Subject:* [Gnso-rpm-sunrise] Action Items from the Sunrise
> Registrations Sub Team Call - 9 June 2017
>
> Dear Sunrise Registrations Sub Team Members,
>
> Below are the action items from the Sub Team Call on 9 June. The
> action items, notes, meeting document and materials as well as
> recordings and transcripts have been posted to the meeting’s wiki
> page here: https://community.icann.org/x/HjzwAw.
>
> Thanks.
>
> Amr
>
> Action Items:
>
> 1.*Staff*to reword question 16 to: “Explore use and the types of
> proof required by the TMCH when purchasing domains in the sunrise
> period.”
>
> 2.*Staff*to replace “RPMs” with “Sunrise” in questions 17 through 21
>
> 3.*Staff*to rephrase Q22 as: “Are there certain registries that
> should not have a mandatory sunrise based on their published
> registration/eligibility policies?” and add examples mentioned by
> Kathy Kleiman and Kristine Dorrain
>
> 4.*Staff*to assist the Sub Team/Working Group on necessary
> adjustments to the workplan, taking into consideration the time
> required for the Sub Team to complete its work, and the Working
> Group’s time requirement in conducting the review of Sunrise
> Registrations
>
> 5.*Maxim Alzoba*to supply suggestion for data on question 16 (or
> another question as appropriate)
>
> 6.Outstanding action item for the *Sub Team* to define “reserved
> names”, “premium names” and “premium pricing”
>
> 7.*Sub Team*to suggest data requirements to answer questions 17
> and 22 before next week’s call
>
>
>
> _______________________________________________
>
> Gnso-rpm-sunrise mailing list
>
> Gnso-rpm-sunrise at icann.org <mailto:Gnso-rpm-sunrise at icann.org>
>
> https://mm.icann.org/mailman/listinfo/gnso-rpm-sunrise
>
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