[Gnso-newgtld-wg-wt5] Proposed clarification on intended use for city names

Sat Aug 10 21:39:36 UTC 2019

Colin,

There may be such a “strongly held view” in WT5.  Its just not a *widely*
held view.

On Fri, Aug 9, 2019 at 4:04 PM Colin OBrien <COBrien at llflegal.com> wrote:

> +1 Nick
>
>
>
> *From:* Nick Wenban-Smith <Nick.Wenban-Smith at nominet.uk>
> *Sent:* Friday, August 9, 2019 2:50 PM
> *To:* Colin OBrien <COBrien at llflegal.com>
> *Cc:* lists at christopherwilkinson.eu; Sophie Hey <sophie.hey at valideus.com>;
> gnso-newgtld-wg-wt5 at icann.org
> *Subject:* Re: [Gnso-newgtld-wg-wt5] Proposed clarification on intended
> use for city names
>
>
>
> It’s hard to see anything the WT5 participants agree on, starting from the
> basic definition of what is ‘geographic’ in the context of a new gTLD.
>
>
>
> Arguably there’s a centre of gravity view that the 2012 rules weren’t
> totally bad, notwithstanding the .spa etc examples.
>
>
>
> But having spent a couple of years now thoroughly unpacking all the issues
> I’d say the co-chairs should wrap things up as we’re just going round in
> circles and there’s clearly no consensus to change from 2012.
>
>
>
> Best wishes
>
> Nick
>
> Sent from my iPhone
>
>
> On 9 Aug 2019, at 20:09, Colin OBrien <COBrien at llflegal.com> wrote:
>
> In my opinion there is *not *a strongly held view in WT5 that all
> geographical names should benefit from prior authorisation or non-objection.
>
> Otherwise the gTLD would confer a global private monopoly on the use of
> the name, without reference to the affected communities.
>
> Predictability refers as much to the communities and users concerned as it
> does to the applicants.
>
>
>
> This appears to me to be a is a view held by a certain few members of WT5
> that repeatedly bring it up.
>
>
>
> I recommend a vote at the next meeting asking participants if they agree
> with the following statement:
>
>
>
> *That all geographical names should benefit from prior authorisation or
> non-objection.*
>
>
>
> Thanks,
>
>
>
> Colin
>
>
>
>
>
>
>
>
>
> *From:* Gnso-newgtld-wg-wt5 <gnso-newgtld-wg-wt5-bounces at icann.org> *On
> Behalf Of *lists at christopherwilkinson.eu
> *Sent:* Friday, August 9, 2019 11:20 AM
> *To:* Sophie Hey <sophie.hey at valideus.com>
> *Cc:* gnso-newgtld-wg-wt5 at icann.org
> *Subject:* Re: [Gnso-newgtld-wg-wt5] Proposed clarification on intended
> use for city names
>
>
>
> Dear Sophie Hay:
>
>
>
> I am afraid to say that I cannot support this proposal.
>
>
>
> 1.  There is a strongly held view in WT5 that all geographical names
> should benefit from prior authorisation or non-objection.
>
> Otherwise the gTLD would confer a global private monopoly on the use of
> the name, without reference to the affected communities.
>
> Predictability refers as much to the communities and users concerned as it
> does to the applicants.
>
>
>
> 2.  The reference to non-geographical use is quite problematic:  How shall
> it be monitored and if necessary policed? What happens in the future should
> the local authorities wish to recuperate their name for their own
> geographical purposes? Would there be a time limit? What do we mean by
> ‘primarily … associated…’ ?
>
>
>
> 3.  Th reference to ‘brands’ needs some clarification.
>
>
>
>               -             If the brand is a trademark somewhere, it is
> already extensively protected in the DNS. However trademarks relate to
> sectors of activity and jurisdictions. I believe that there is nothing in
> trademark law that would authorise a global monopoly for any particular
> trademark, through a gTLD.
>
>
>
>               -             if the brand is not a trademark, then one
> should be even more prudent; otherwise it might appear that the applicant
> is attempting an ‘end-run’ around the whole of trademark law by obtaining a
> global monopoly directly through a gTLD.
>
>
>
> Naturally, if the name I question is also a geographical name, one risks
> embroiling the local authorities concerned in third party trademark
> disputes that are none of their making.
>
>
>
> Best Regards
>
>
>
> Christopher Wilkinson
>
>
>
> PS: you will of course also be aware that several members of WT5 are quite
> sceptical about the scope and possibility for local authorities to ‘file
> objections’ etc.
>
> This is why there is a strong preference for preventative rather than
> ‘curative’ measures.
>
>
>
>
> On 9 Aug 2019, at 15:20, Sophie Hey <sophie.hey at valideus.com> wrote:
>
>
>
> Dear all,
>
>
>
> Following the call this week and the request for proposals that we think
> could garner support, I would like to suggest amending the text in AGB
> 2.2.1.4.2 part 2 on non-capital city names by adding the blue text.
>
>    1. It is clear from applicant statements within the application that
>    the applicant will use the TLD primarily for purposes associated with the
>    city name. For the avoidance of doubt, where the applicant states in
>    their application that they intend to use the TLD as a .Brand (intend to
>    have Specification 13 in their Registry Agreement) it will be taken that
>    the TLD will not be used primarily for purposes associated with the city
>    name.
>
>
>
> *Rationale:*
>
> *The current AGB text states that “city names present challenges because
> city names may also be generic terms or brand names, and in many cases city
> names are not unique”. This language does not aim to change the position
> from the AGB 2012, but merely aims to provide greater clarity and certainty
> for potential applicants. At the same time, it ensures that the relevant
> authorities are consulted when an applicant intends to use a TLD for
> purposes associated with a city. If a government or local authority is
> concerned with an application, they are not precluded from filing an
> objection (as they could in 2012) or filing their own application. The
> current rules on resolving contention sets in AGB 2.2.1.4.4 or module 4
> will not be impacted by the text. *
>
>
>
> Kind regards,
>
>
>
>
> *Sophie Hey *Policy Advisor
>
>
> *Valideus *28-30 Little Russell
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