[council] Proposed Draft of Note to send to the GAC re: IOC/Red Cross Names

Tue Oct 25 10:53:06 UTC 2011

Stephane,

I am good with the letter, but note that the second paragraph is
grammatically challenged.  I have restated it as:

As a first step, we want to ensure that we have a common understanding
of the proposal. 

The Proposal,at the top-level, places the exact strings contained in
Schedule A of the Proposal on the official reserved names list as
opposed to the “Strings Ineligible for Registration” list in the
Applicant Guidebook, and (b) that the  reservation be permanent, not
just for the initial new gTLD round. This implies that the names may not
be used as gTLDs, even at the request of the designated trade-mark
owners.

Cheers,

Berard

-------- Original Message --------
Subject: Re: [council] Proposed Draft of Note to send to the GAC re:
IOC/Red Cross Names
From: Stéphane_Van_Gelder <stephane.vangelder at indom.com>
Date: Tue, October 25, 2011 3:15 am
To: GNSO Council <council at gnso.icann.org>

Thanks to Jeff for starting us off on this, and to all those who
proposed edits.

I have tried to group these together in the attached document. I have
only included actual edits, not suggestions, as I did not want to put
words in other people's mouths.

Please review/comment as required.

Stéphane

Le 24 oct. 2011 à 15:40, Rosette, Kristina a écrit :

> Some additional suggested changes (the attached incorporates Tim's suggestions.)
> 
> 
> 
> -----Original Message-----
> From: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org] On Behalf Of Tim Ruiz
> Sent: Monday, October 24, 2011 9:13 AM
> To: john at crediblecontext.com
> Cc: GNSO Council; Neuman,Jeff
> Subject: RE: [council] Proposed Draft of Note to send to the GAC re: IOC/Red Cross Names
> 
> 
> Agree with John's edits with a couple of suggestons:
> 
> In the second paragraph, first sentence would read better as:
> As a first step, we want to ensure that we have a common understanding
> of your proposal.
> 
> In the third paragraph perhaps instead of asking how it affects existing
> registrations, we make it statement that, as we understand it, there
> would be no impact on existing registrations. 
> 
> Not married to either edit, just suggestions.
> 
> 
> Tim 
> 
> -------- Original Message --------
> Subject: RE: [council] Proposed Draft of Note to send to the GAC re:
> IOC/Red Cross Names
> From: <john at crediblecontext.com>
> Date: Mon, October 24, 2011 7:26 am
> To: "Neuman,Jeff" <Jeff.Neuman at neustar.us>
> Cc: "GNSO Council" <council at gnso.icann.org>
> 
> Jeff,
> 
> I have made some suggestions.
> 
> Berard
> 
> 
> -------- Original Message --------
> Subject: [council] Proposed Draft of Note to send to the GAC re:
> IOC/Red Cross Names
> From: "Neuman, Jeff" <Jeff.Neuman at neustar.us>
> Date: Mon, October 24, 2011 3:37 am
> To: GNSO Council <council at gnso.icann.org>
> 
> All,
> 
> Please find enclosed a proposed draft of a note that I believe should be
> sent by Stephane to the GAC documenting our discussion yesterday on the
> IOC/Red Cross names, including both a recap of our understanding of the
> proposal and the questions we have. This is a first draft and I welcome
> your comments or suggestions. I know the suggestion that we form a
> joint group was met with silence, but I strongly believe we should
> continue to press on that.
> 
> Thanks.
> 
> ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
> 
> 
> Dear __________,
> 
> The GNSO Council truly appreciates the work that has gone into the
> GAC’s “Proposal to the GNSO RE: Protecting the International
> Committee and Red Cross/Red Crescent Names in New gTLDs”
> (“Proposal”). We want to assure you that the GNSO Council has
> taken, and will continue to take, the proposal seriously. At this point
> in time, we do not have a consensus position of the Council on this
> topic, but believe the way forward is to try and find a way work with
> collaboratively with the GAC to find a workable solution to the issues
> identified.
> 
> To that end, we wanted to document our understanding of the proposal to
> ensure that we had a common understanding on the Proposal. Our
> understanding is that the Proposal at the top-level is (a) to place the
> exact strings contained in Schedule A of the Proposal on the official
> reserved names list as opposed to the “Strings Ineligible for
> Registration” list in the Applicant Guidebook, and (b) that the 
> reservation be a permanent one as opposed to applying in just the
> initial round.
> 
> At the second-level, the Proposal asks that the strings contained in
> Schedule A be “reserved”. With respect to this proposal, the GNSO
> raised several questions during its discussions this weekend. The first
> is to confirm whether the reservation sought applies just to exact
> matches of those marks or whether it is the GAC’s desire to
> “reserve” all strings containing those marks. We have assumed it
> was the former, but would like to confirm. 
> 
> In addition, the GNSO Council noted that there are several types of
> Reserved Names contained within the proposed new gTLD ICANN Registry
> Agreement. The first type which only consists of the string
> “EXAMPLE” is a reserved name which may under no circumstances be
> delegated at the second level. The second type of Reserved Names are
> those that are initially reserved, but may be used by the Registry
> Operator (eg, www, nic and whois). A third type of reserved names are
> those that are initially reserved, but may be delegated under certain
> limited circumstances. For example, two character strings are initially
> reserved, however, the Registry Operator may propose release of these
> reservations based on its implementation of measures to avoid confusion
> with the corresponding country codes. Further, country and territory
> names are initially reserved, but may be released to the extent that the
> Registry Operator reaches agreement with the applicable government(s),
> or subject to review by ICANN’s Governmental Advisory Committee and
> approval by ICANN.
> 
> Finally, the GNSO understands that with respect to both the IOC and Red
> Cross marks, there may be certain circumstances in which the IOC, Red
> Cross and/or their affiliated entities may want to use the domain names
> and the second-level themselves. In addition, notwithstanding the
> international protection afforded to these marks, there may be certain
> circumstances where third parties do have a legitimate right to use and
> register these marks either due to grandfathering rules, geographic
> considerations, etc. (eg., Olympic Airlines and Olympic paint). 
> Therefore, the GNSO believes that there should be a mechanism to release
> these names to those entities and that such a mechanism still needs to
> be developed.
> 
> The GNSO Council would like to thank the GAC for the well thought out
> and detailed proposal and would like to again request that the GNSO work
> collaboratively together to address these questions We believe a good
> way forward would be solicit volunteers from both the GAC and GNSO to
> form a committee or task force to work through these issues with the
> goal of sending those recommendations back to their respective
> organizations for approval. We know time is limited to resolve these
> matters and remain committed to do so as quickly as possible.
> 
> Respectfully submitted,
> 
> _____________________
> 
> Jeffrey J. Neuman 
> Neustar, Inc. / Vice President, Law & Policy
> 21575 Ridgetop Circle, Sterling, VA 20166
> Office: +1.571.434.5772 Mobile: +1.202.549.5079 Fax: +1.703.738.7965 /
> jeff.neuman at neustar.biz / www.neustar.biz 
> 
> 
> 
> 
> 
> 
> 
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> <GAC letter.doc>