FTC - Re: [ncdnhc-discuss] Re: Why is "Marketing ccTLDs as generics" onNC Agenda?

Fri Oct 5 01:34:38 CEST 2001

You should know that the FTC advertising practice jurisdiction allows
the FTC to engage organizations that advertise products or services that
appear similar to a known standard, when such products or services are
not the same as that expected by the consumer.  

Regardless of an organization's disclaimers or disclosures, you should
know that the FTC has broad jurisdiction in defining an organization's
advertising or marketing practices as it relates to how a consumer may
perceive products or services.

Regardless of disclaimers or disclosures, it may not be clear to the
average consumer that New.net and its ilk are *not* the same as gTLDs
and ccTLDs until after the transaction.  My guess is that time will tell
if this is the case and it will probably be the FTC who decides. 

One significant problem facing ICANN may be the issue of consumer
confusion (if consumer confusion exists concerning New.net and its ilk).

Derek Conant
DNSGA President and Chairman

"Michael Froomkin - U.Miami School of Law" wrote:
> 
> I agree that the distinction between new.net and its ilk and a genuine
> alternate root is well taken.
> 
> What I don't understand, given that new.net is in fact part of the legacy
> root and all its subdomains are at the fourth level, what this has to do
> with ICANN.  If it were the case that new.net was not forthcoming in its
> disclosures there might be an issue under national law for false
> advertising or deceptive trade practice, but having looked at its web
> pages I'd guess there's no shadow of a chance of making a claim of that
> sort since they do in fact disclose everything quite frankly in their FAQ
> and elsewhere.
> 
> So, my question is: what in fact is there to discuss?  The only thing I
> can think of is whether the fact that someone would pay new.net for a
> product vastly inferior to a genuine legacy SLD is evidence of such
> pent-up demand that ICANN should quickly create lots of new TLDs.  But I'd
> wager that isn't what V.Martinez has in mind, or is it?
> 
> On Thu, 4 Oct 2001, Vany Martinez wrote:
> 
> > Jonathan:
> >
> > I have never asked to talk about Alternate Roots.
> > Again this was another confusion from who draft the
> > agenda.
> >
> > Let call with proper names the things:
> > 1.  An Alternate Root involves a server independent
> > from the actual roots that is resolving TLDs (.TRAVEL,
> > ..GAME, .KIDS, etc, for example) different than the
> > ones created by ICANN, without using any technology of
> > masquerading an existent domain name within the actual
> > existent TLDs (.COM, .ORG, etc...).
> >
> > 2. The subject I am addressing is not Alternate Roots.
> > The subject I am addresing is the launching of
> > services as New.net and other Companies that uses and
> > masquerades actual domain names inside TLDs as .ORG,
> > COM, etc...in order to provide domain names inside
> > TLDs as .TRAVEL, .GAME, .KIDS, etc... If New.net want
> > to call themselves an Alternate Root, then is a bad
> > definition because they are functioning under the
> > actual Roots, maquerading existent domain names as we
> > know them to provide new TLDs, etc...And, such TLDs
> > are not resolved by everybody...only those who has the
> > software they download or the ISP has upgraded their
> > networks by adding some lines to their DNS
> > configuration, are the ones that are able to resolve
> > such domain names.
> >
> > I hope this clarify more to you and everybody, what I
> > am talking about.
> >
> > And, of course, comments are welcome.
> >
> > Best Regards
> > Vany
> >
> >
> > --- Jonathan Weinberg <weinberg at mail.msen.com> wrote:
> > > Vany --
> > >
> > >          I'm not sure I understand this.  I gather
> > > that you've asked for
> > > ten minutes during the NC teleconference to talk
> > > about alternate roots
> > > (specifically, new.net).  What, exactly, is it that
> > > you want to say about them?
> > >
> > > Jon
> > >
> > >
> > > At 06:41 AM 10/4/2001 -0700, Vany Martinez wrote:
> > > >Hi William:
> > > >The title of the agenda was a misunderstanding of
> > > >Philip about the subject I want to talk about.
> > > >The changes will be posted soon.
> > > >The title of such agenda item will be:
> > > >"TLDs not created by ICANN: an attempt to expand
> > > the
> > > >domain name space or creates confusion."
> > > >As you may know, there are some companies that are
> > > >marketing TLDs as .TRAVEL, . GAMES, .KIDS, etc, and
> > > >what they really do is to masquerade an actual
> > > domain
> > > >in order to resolve domains under such TLDs.  This
> > > >means that only the users that has the proper
> > > software
> > > >or the users under an ISP that has setted up their
> > > >networks to resolve such domain names, will be able
> > > to
> > > >resolve such names.
> > > >This affects all sectors in some way of
> > > another...What
> > > >the NCDNHC will do if an organization applies to be
> > > a
> > > >member of the NCDNCH and when we ask them what is
> > > your
> > > >domain, they answer something like:
> > > >myorganization.NGO ?
> > > >How can we protect the rights of the non-commercial
> > > >sector that is ignorant of what's going on.
> > > [snip]
> > >
> > > _______________________________________________
> > > Discuss mailing list
> > > Discuss at icann-ncc.org
> > > http://www.icann-ncc.org/mailman/listinfo/discuss
> >
> >
> > =====
> > Nilda Vany Martinez Grajales
> > Information Technology Specialist
> > Sustainable Development Networking Programme/Panama
> > http://www.sdnp.org.pa e-mail: vany at sdnp.org.pa
> >
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> 
> --
>                 Please visit http://www.icannwatch.org
> A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
> U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
> +1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
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