[Comments-o-com-single-char-10may18] Comment on Release for Registration one .COM Domain Name with a Single-Character Label: O.COM

[Timothy Flanagan]

I write to submit my opposition to the proposed Release for Registration
one .COM Domain Name with a Single-Character Label: O.COM.  The proposed
release and amendment to the .COM Registry Agreement are troubling for a
number of reasons, specified below, and I would encourage ICANN to
reevaluate the proposed release to take into account alternatives that
would be consistent with existing policy, as well as to enhance the public
benefit of any prospective change.  Specifically, my concerns are as
follows:



·       The proposal appears to set up a preferential exception to the
current ICANN rules for no apparent objective reason by virtue of the fact
that only one of the possible single character domain names is addressed.
It is not clear why just the letter “O” is singled out so as to justify a
rule specific to it alone rather than any other single character domain
name or all single character domain names, absent the appearance of outside
influence.

·       The proposal sets up the potential for either (a) a questionable
precedent for handling release of other single character domain names or
(b) inconsistent handling of all single character domain names.

·       The proposal does not afford any protection for trademark owners
who may have existing rights in the specified single character.

o   Preferential protection of existing trademark owners is accounted for
in other new TLD offerings

o   Inclusion of existing trademark owner precedence in this case would
permit consistent protection of trademark rights across all domain name
classes.

·       The charities to receive proceeds should not be deemed confidential
and should be identified by name for public review and scrutiny in order to
establish accountability and transparency with funds acquired by means of a
public service.  Transparency is especially important in this case given
the extremely narrow tailoring of an exception to long-standing rules,
which can easily raise questions about the motivations and influences
behind the decision to amend.

I appreciate the opportunity to comment on this proposal, and I urge the
Commission to thoroughly evaluate the ramifications of this proposed
amendment and to modify it to promote sound public policy.



Please note that I am writing this opposition in my personal capacity as an
intellectual property attorney and not on behalf of my employer, and it in
no way is intended to reflect the views or legal position of the University
of Notre Dame.



Timothy J. Flanagan

Associate General Counsel

Concurrent Professor of Law

University of Notre Dame
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