[council] FW: GNSO Council discussion Spec 13

[Volker Greimann]

Hi John,

assuming .HSBC opts for the spec, registers a bunch of domain names 
where there are TMCH records by other parties and later decides to go 
open, should they get to keep the domain names that they have registered 
circumventing the Sunrise requirement by using the Spec?

Volker


> Volker,
>
> You have confused me.
>
> Are you saying, for example, .HSBC (using Martin Sutton here!) 
> launching as a dotBRAND might distribute names that might otherwise go 
> in a Sunrise for trademark holders?
>
> And if .HSBC switches to general availability down the road, those 
> names will have been registered in circumvention of a Sunrise?
>
> But if HSBC allows its customers use of their name (e.g., BBC.HSBC or 
> Orange.HSBC) aren't they the proper registrants in any regime?
>
> I am having a hard time finding the problem to be solved.
>
> Help me understand.
>
> Berard
>
> On Apr 15, 2014 1:36 AM, Volker Greimann <vgreimann at key-Systems.net> 
> wrote:
>
>     As obligatory Sunrise is the baby of the IPC and BC, I had
>     expected them to pick up on this issue as well.
>
>     IIRC, if a dotBrand gives up exclusivity, it loses the dotBrand
>     status and the benefits of the spec. If would have to allow all
>     registrars to get accredited and execute a sunrise. However, at
>     that time, the damage may have already been done as the delayed
>     sunrise may have become a farce if the RO already registered to
>     its name all names that would be eligible for sunrise prior to
>     giving up exclusivity. It would be akin to something that ICANN
>     has been denying to other applicants, such as geoTLDs, essentially
>     allowing the registry an unlimited period of exclusivity to
>     reserve domain names to itself and a select circle of affiliates
>     and licensees before a sunrise would be applicable.
>
>     I am not opposing the spec as it stands today, but I am pointing
>     out the loopholes that may lead to abuse.
>
>     Volker
>
>
>
>     Am 15.04.2014 09:01, schrieb Jonathan Robinson:
>>
>>     All,
>>
>>     Please see note below from Philip Sheppard.
>>
>>     Jonathan
>>
>>     *From:*BRG [mailto:philip at brandregistrygroup.org]
>>     *Sent:* 14 April 2014 17:03
>>     *To:* jonathan.robinson at iprota.com
>>     *Subject:* GNSO Council discussion Spec 13
>>
>>     Jonathan,
>>
>>     I noted that Klaus on the Council list asked this question:
>>
>>     BTW: what happens if a brand gTLD decides down the road to give
>>     up exclusivity and become available for general use, at some
>>     point that might make perfect business sense.
>>
>>     As I cannot post to Council, perhaps you would do so for me.
>>
>>     Its a legitimate question and one also asked by ICANN legal staff.
>>
>>     The answer is in other provisions of Spec 13. In the
>>     circumstances described by Klaus, all of Spec 13 would
>>     immediately no longer apply, and the default RA would apply instead.
>>
>>     Philip
>>
>>     Philip Sheppard
>>
>>     Director General
>>
>>     Brand Registry Group
>>
>>     www.brandregistrygroup.org <http://www.brandregistrygroup.org/>
>>
>>     Skype phsheppard
>>
>

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