[Gnso-newgtld-wg] Generic words belong to everyone in a business or industry

[Jeff Neuman]

Kathy,

Thank you for forwarding this again.  But the question now is whether you or others that oppose having closed generics would consider any proposals in which such closed generics would be allowed.  On the call yesterday Alan made one limited proposal and others are free to make proposals as well.

So, if you could answer this question:  Are there any circumstances in which you would support a generic string being used in connection with a “closed TLD” if the proposed use of that TLD corresponds to the meaning of such generic string?   If the answer is yes, then please indicate the circumstances in which you believe that the string could be used in such a manner.

If the answer is no, then if there are a significant amount of people that feel the same way, we can discontinue these discussions and move on to the next topic and state that there was no agreement in the Working Group either for or against the use of closed generics.

At this point everyone understands the pros and cons, so we do not need to continue those discussions.  The sole question is the one above.

Best regards,

Jeff Neuman
Senior Vice President
Com Laude | Valideus
D: +1.703.635.7514
E: jeff.neuman at comlaude.com<mailto:jeff.neuman at comlaude.com>

From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> On Behalf Of Kathy Kleiman
Sent: Tuesday, February 18, 2020 3:36 PM
To: gnso-newgtld-wg at icann.org
Subject: [Gnso-newgtld-wg] Generic words belong to everyone in a business or industry


As we revisit the topic of Closed Generics, I would like to share a few thoughts as a reminder on how this issue (of "generic words") has been dealt with in other forums. This is a long-established issue...

1) Trademark Manual of Examining Procedure, US Trademark Office:

"Generic terms are incapable of functioning as marks denoting source, and are not registrable on the Principal Register under §2(f) or on the Supplemental Register." 807.14(e)(ii)

2) Our own Community Objection process reviewed and raised the same deep concerns for gTLDs in which the applicant (a competitor in a field)

ICC New gTLD Community Objections determination:  "The establishment of unrestricted, exclusive rights to a gTLD that is strongly associated with a certain community or communities, particularly where those communities are, or are likely to be, active in the Internet sphere seems to me inherently detrimental to those communities' interests."  [Note: the "communities" being referred to here are commercial communities.  The issue of a closed .MOBILE was raised by the CTIA which represents the US mobile wireless industry.  1-1316-6133

Best, Kathy

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