[council] Defensive Applications for New gTLDs - public comment period opened

Stéphane Van Gelder stephane.vangelder at indom.com
Sun Feb 12 22:09:10 UTC 2012

Can someone from the policy staff address Mary's question please?


Le 12 févr. 2012 à 21:14, <KnobenW at telekom.de> a écrit :

> It surprised me, too, to read such a request for public comment. It looks like ICANN being faced now with a never expected reaction - although that has been discussed extensively before the window opening. Learning by doing is the most effective (sometimes not efficient) way.
> Kind regards
> Wolf-Ulrich 
> -----Ursprüngliche Nachricht-----
> Von: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org] Im Auftrag von william.drake at uzh.ch
> Gesendet: Sonntag, 12. Februar 2012 12:34
> An: Mary.Wong at law.unh.edu
> Cc: council at gnso.icann.org
> Betreff: Re: [council] Defensive Applications for New gTLDs - public comment period opened
> While I'm not particularly verklempt about this, I agree with Mary that it would be nice to know how and why this being done...
> Bill
> -----<Mary.Wong at law.unh.edu> wrote: -----
> =======================
> To: <council at gnso.icann.org>
> From: <Mary.Wong at law.unh.edu>
> Date: 02/10/2012 10:52PM 
> Subject: Re: [council] Defensive Applications for New gTLDs  - public comment period opened
> =======================
>   Maybe I'm just sleep-deprived, but I was wondering when, whether and how
> ICANN decides to open public comment periods on ostensibly non-policy
> issues and recommendations (as this one seems to be). 
> While I think it will be helpful to get public and open information
> about the source of the perception that trademark owners feel the need
> to defensively register at the top level, and it will certainly be
> useful to get more suggestions as to how ICANN can better communicate to
> trademark holders the current protections available (including the
> option of a Legal Rights Objection process), I'm curious as to: (1) what
> prompted this particular comment period; and (2) the basis upon which
> ICANN decides on public comment periods relating to requests for
> clarifications/information rather than when (as is more common)
> soliciting direct comment on pending recommendations and specific policy
> matters.
> More specifically, the ATRT had recommended that public comment periods
> have distinct purposes (e.g. Notice of Inquiry vs Notice of Policy
> Making), and that prioritization of these "should be established based
> on coordinated community input and consultation with staff". Can ICANN
> staff comment on how this is done?
> (OTOH if this comment period relates to a policy matter that might lead
> to Board consideration or adoption of new measures per the Bylaws, that
> opens a whole other set of issues and questions ... !)
> I'm curious also as to what other Councilors and/or your constituents
> think.
> Thanks,
> Mary
> Mary W S Wong
> Professor of Law
> Chair, Graduate IP Programs
> Director, Franklin Pierce Center for IP
> 03301USAEmail: mary.wong at law.unh.eduPhone: 1-603-513-5143Webpage:
> http://www.law.unh.edu/marywong/index.phpSelected writings available on
> the Social Science Research Network (SSRN) at:
> http://ssrn.com/author=437584>>> 
> From: Glen de Saint Géry<Glen at icann.org>
> To:"council at gnso.icann.org GNSO" <council at gnso.icann.org>
> Date: 2/10/2012 10:50 AM
> Subject: [council] Defensive Applications for New gTLDs  - public
> comment period opened
> http://www.icann.org/en/announcements/announcement-06feb12-en.htm
> Defensive Applications for New gTLDs 
> Announcement: Comment Period Opens on Date: 6 February 2012 
> Categories/Tags: Top-Level Domains 
> Purpose (Brief): The New gTLD Program features carefully crafted, new
> protections for trademark owners and consumers. When considering
> applications for new top-level names, the process is designed to protect
> these important interests through independent objection and dispute
> resolution processes (and other processes). However, as the time of the
> opening of the new gTLD application window drew near, parties stated
> their perception that they will need to submit "defensive" gTLD
> applications as a means to protect their trademarks. ICANN is seeking
> public comment on the sources of this perception and how it can be
> addressed
> Public Comment Box Link:
> http://www.icann.org/en/public-comment/newgtlds-defensive-applications-06feb12-en.htm
> Glen de Saint Géry
> GNSO Secretariat
> gnso.secretariat at gnso.icann.org
> http://gnso.icann.org

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