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

[Mike Rodenbaugh]

Rubens, how would you ever prove the applicant's intent, in either case you
posit?

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1.415.738.8087
http://rodenbaugh.law


On Thu, Jan 16, 2020 at 1:14 PM Rubens Kuhl <rubensk at nic.br> wrote:

>
> <Leadership Hat Off>
>
> I will start with two different although similar bad behaviours:
> - Apply with no intention to actually run the TLDs, just to get into
> private auctions and profit from losing them.
> - Apply with intent to run the TLDs, but after contention sets are
> revealed, change strategy to profit from losing some TLDs instead of
> fighting to get them.
>
>
>
> Rubens
>
>
>
> On 16 Jan 2020, at 17:17, Jeff Neuman <jeff.neuman at comlaude.com> wrote:
>
> 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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> E: *jeff.neuman at comlaude.com <jeff.neuman at comlaude.com>*
> www.comlaude.com
>
> <image003.jpg>
>
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