[Gnso-newgtld-wg] What behaviors would we consider undesirable?

Thu Jan 16 20:46:19 UTC 2020

Have a large discussion on items acceptable or not,  IMO is a good and quick way to create basis to enhance fairness on competition among applicants.
For example: I do believe that just enter into a auction dispute against one less wealth applicant  juts to exclude them and not use the string - you will certainly get - is not a behavior that I would consider fair competition. It is common in the market, but in the end the string that could be profit enough for a small community will be just  lost.
 So guess our colleagues have lots fo ideas and examples that can create an interesting  base of “best practices on competition”
Kisses
Vanda Scartezini
Polo Consultores Associados
Av. Paulista 1159, cj 1004
01311-200- Sao Paulo, SP, Brazil
Land Line: +55 11 3266.6253
Mobile: + 55 11 98181.1464
Sorry for any typos.

From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces at icann.org> on behalf of Jeff Neuman <jeff.neuman at comlaude.com>
Date: Thursday, January 16, 2020 at 17:17
To: Gnso-newgtld-wg <gnso-newgtld-wg at icann.org>
Subject: [Gnso-newgtld-wg] What behaviors would we consider undesirable?

All,

On the call early this morning (for some of us), while we were discussing the goals/objectives to consider when selecting a mechanism of last resort to resolve string contention, a very important question was asked by a participant on the call.  The question demonstrated that what one person believes is “Bad Faith” other people may not believe is “bad faith” with respect to mechanisms to resolve contention sets.

So, with the e-mail chain, I would like for members of the Working Group to discuss what behaviors they would consider to be of the type that we would like to preclude?  And by the same token, what are the types of activities that we know we would like to allow.

For example, we believe from most of the comments that have come in as well as in our discussions, that some forms of private resolution have been deemed acceptable.  This includes the creation of joint ventures between applicants (assuming public comment, etc.), potentially revising applications to address concerns (eg., trademark owner agrees to withdraw its application if other applicant agrees to mitigate trademark abuse), 2 trademark owners agree to modify strings to enable both to have their own TLDs (eg., .deltafaucets or .deltaair)), etc.

We have also heard from the ICANN Board that they may believe that participating in private auctions with the sole purpose of losing and using those to fund other auctions may not be as desirable.

Though the next call with not be on this topic, we did want to put this issue out on e-mail.  Please discuss.

Thanks.

Jeff Neuman
Senior Vice President

Com Laude | Valideus
1751 Pinnacle Drive
Suite 600, McLean
VA 22102, USA

M: +1.202.549.5079
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www.comlaude.com<http://www.comlaude.com/>

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