[Gnso-rpm-sunrise] Definitions of Reserved Names, Premium Names and Premium Pricing

Kathy Kleiman kathy at kathykleiman.com
Wed Jun 14 12:47:24 UTC 2017


Right and tx!  Hence two lists -- a list of unlimited reserved names, 
and a list of the 100 contractually-allowed Reserved Names. My thought 
was to give them different names because, as you point out, they serve 
different functions. But both are called "Reserved Names"...

Best,
Kathy

On 6/13/2017 3:53 PM, Winterfeldt, Brian J. wrote:
>
> For clarity, and to quickly distill the interpretation confirmed by 
> others who work with registries:
>
> 1.Registries may /_reserve_/ as many (unlimited) domains as they want, 
> contractual limitations only apply to the registration or activation 
> of domains in the DNS. /See/ RA § 2.6 (Jan 9. 2014).
>
> 2.Registries may /_activate_/ in the DNS up to one hundred operational 
> or promotional domains and act as the registered name holder through 
> self-allocation or an ICANN-accredited registrar. /See/ RA Spec. 5, § 
> 3.2 (Jan. 9. 2014).
>
> Anecdotal evidence suggests that the former has been used in an 
> attempt to circumvent RPMs.  Whereas, the latter has been used for 
> various anchor tenant and Qualified Launch Programs.
>
> It is worth noting that the three categories identified, and proposed 
> definitions, can have a fair amount of overlap and are not mutually 
> exclusive.
>
> Thank you,
>
> Brian
>
> *Brian J. Winterfeldt*
>
> Co-Head of Global Brand Management and Internet Practice
>
> Mayer Brown LLP
>
> *From:*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 2:54 PM
> *To:* Dorrain, Kristine; Lori Schulman; gnso-rpm-sunrise at icann.org
> *Subject:* Re: [Gnso-rpm-sunrise] Definitions of Reserved Names, 
> Premium Names and Premium Pricing
>
> 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>
>     [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>
>     <mailto:kathy at kathykleiman.com>; 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
>
>     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
>         <https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcommunity.icann.org%2Fx%2FHjzwAw&data=01%7C01%7CBWinterfeldt%40mayerbrown.com%7Ce87f27a1d2874b67da9508d4b28d98bb%7C09131022b7854e6d8d42916975e51262%7C0&sdata=AsrKX2qm0tHSO5QS6Qaa20eBkDjMWf8FutWY49mVJ3Y%3D&reserved=0>.
>
>
>         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
>
>
>
>
>         _______________________________________________
>
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>
>         Gnso-rpm-sunrise at icann.org <mailto:Gnso-rpm-sunrise at icann.org>
>
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>
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