Proposed protections for IOC/RC names

Wed Feb 29 23:55:21 CET 2012

Apologies for the cross posting of the email regarding the IOC– long day here :)

The issue of the public comment has been discussed and there was some support. I will continue to insist on this for the simple reason that this process has already been sidetracked in many other procedural aspects. We need to maintain at the very least the opportunity of the community to provide its feedback.

Thanks

KK

From: "Mary.Wong at LAW.UNH.EDU<mailto:Mary.Wong at LAW.UNH.EDU>" <Mary.Wong at LAW.UNH.EDU<mailto:Mary.Wong at LAW.UNH.EDU>>
Reply-To: "Mary.Wong at LAW.UNH.EDU<mailto:Mary.Wong at LAW.UNH.EDU>" <Mary.Wong at LAW.UNH.EDU<mailto:Mary.Wong at LAW.UNH.EDU>>
Date: Wed, 29 Feb 2012 20:57:09 +0000
To: "NCSG-DISCUSS at LISTSERV.SYR.EDU<mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>" <NCSG-DISCUSS at LISTSERV.SYR.EDU<mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>>
Subject: Re: [NCSG-Discuss] Proposed protections for IOC/RC names

All, as you know, the Drafting Team (DT) on which Konstantinos, Joy and a few other NCSG members participated has just released a Status Report on its work, preparatory to the call tomorrow with interested members of the GAC and GNSO Council.

As a Council member, I asked if the Report will be put out officially for public comment, prior to the Council being asked to vote on it in Costa Rica in a couple of weeks. Given the urgency of the issue and the lack of time between now and then, there isn't likely to be a formal public comment period. Instead, the time between now and the Costa Rica meeting is being regarded as the "functional equivalent" of a formal public comment period. It's possible that some fuss can be made about the procedural inadequacy of this, or even about whether the Council ought to vote, but even so, that's not likely to delay or change things as they stand.

Given the level of interest amongst our members in the topic, and the number of strong views that have been expressed, I would recommend that individual members, and/or each Constituency, and/or the SG as a whole, consider sending comments on the Report. I will find out if an ICANN public comment email address can be set up quickly to receive these comments.

I'm attaching the DT's Status Report to this post (if the listserv will let me :)

Cheers

Mary

Mary W S Wong
Professor of Law
Director, Franklin Pierce Center for IP
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAWTwo White StreetConcord, NH 03301USAEmail: mary.wong at law.unh.eduPhone<mailto:mary.wong at law.unh.eduPhone>: 1-603-513-5143Webpage: http://www.law.unh.edu/marywong/index.phpSelected writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584
As of August 30, 2010, Franklin Pierce Law Center has affiliated with the University of New Hampshire and is now known as the University of New Hampshire School of Law. Please note that all email addresses have changed and now follow the convention: firstname.lastname at law.unh.edu<mailto:firstname.lastname at law.unh.edu>. For more information on the University of New Hampshire School of Law, please visit law.unh.edu

>>>

From:

Konstantinos Komaitis <k.komaitis at STRATH.AC.UK<mailto:k.komaitis at STRATH.AC.UK>>

To:

<NCSG-DISCUSS at listserv.syr.edu<mailto:NCSG-DISCUSS at listserv.syr.edu>>

Date:

2/26/2012 5:57 AM

Subject:

Re: [NCSG-Discuss] [gnso-iocrc-dt] *** FOR IMMEDIATE COMMENT: OPTION 7 v. 2 WITH FREEZE ON LANGUAGE***

I would really hope so and this is certainly how this group started operating. Now, of course, the DT is running out time and I am not sure. I have sent a note to the DT with this question and get back to you

Cheers

KK

From: "Avri org>" <avri at acm.org<mailto:avri at acm.org><mailto:avri at acm.org>>
Reply-To: "Avri org>" <avri at acm.org<mailto:avri at acm.org><mailto:avri at acm.org>>
Date: Sat, 25 Feb 2012 23:21:35 +0000
To: "NCSG-DISCUSS at LISTSERV.SYR.EDU<mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU><mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>" <NCSG-DISCUSS at LISTSERV.SYR.EDU<mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU><mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>>
Subject: Re: [NCSG-Discuss] [gnso-iocrc-dt] *** FOR IMMEDIATE COMMENT: OPTION 7 v. 2 WITH FREEZE ON LANGUAGE***

hi,

A process question:

Will this stuff be going out for community comment before the g-council presumes to vote on it?

avri

On 25 Feb 2012, at 05:51, Konstantinos Komaitis wrote:

Please see the email below, regarding what will be presented to the a call that has been scheduled between this DT and the GNSO and members of the GAC next week. This option appears to be receiving rough consensus, despite all efforts. I am still to hear about the process regarding the letter of non-objection which is crucial, and in particular whether the IOC will be imposing fees when allowing another entity to use a similar name!!!!! The Red Cross has said they will not.
Thanks
KK
From: Jeff Neuman <Jeff.Neuman at neustar.us<mailto:Jeff.Neuman at neustar.us><mailto:Jeff.Neuman at neustar.us><mailto:Jeff.Neuman at neustar.us>>
Date: Sat, 25 Feb 2012 02:26:10 +0000
To: "gnso-iocrc-dt at icann.org<mailto:gnso-iocrc-dt at icann.org><mailto:gnso-iocrc-dt at icann.org><mailto:gnso-iocrc-dt at icann.org>" <gnso-iocrc-dt at icann.org<mailto:gnso-iocrc-dt at icann.org><mailto:gnso-iocrc-dt at icann.org><mailto:gnso-iocrc-dt at icann.org>>
Subject: [gnso-iocrc-dt] *** FOR IMMEDIATE COMMENT: OPTION 7 v. 2 WITH FREEZE ON LANGUAGE***
All,
In line with Steve’s suggestion, I am freezing the language on Option 7 as is with the suggested changes from Lanre and Greg.  We could probably word smith this forever. Please consider this the final version for seeking input and for raising during the call with the GAC next week. In the meantime, in addition to the status report, I will begin to draft the straw man of options for the second level.
*******************************************************************
Option 7:  Treat the terms set forth in Section 2.2.1.2.3 as “Modified Reserved Names,” meaning:
a)      The Modified Reserved Names are available as gTLD strings to the International Olympic Committee (hereafter the “IOC”), International Red Cross and Red Crescent Movement (hereafter “RCRC") and their respective components as applicable.
b)      Applied-for gTLD strings, other than those applied for by the IOC or RCRC, are reviewed during the String Similarity review to determine whether they are similar to these Modified Reserved Names. An application for a gTLD string that is identified as too similar to a Modified Reserved Name will not pass this initial review.
c)      If an application fails to pass initial string similarity review:
                                i.            And the applied-for TLD identically matches any of the Modified Reserved Names (e.g., ".Olympic" or ".RedCross"), it cannot be registered by anyone other than the IOC or the RCRC, as applicable.
                              ii.            If the applied-for TLD is not identical to any of the Modified Reserved Names, but fails initial string similarity review with one of Modified Reserved Names, the applicant may attempt to override the string similarity failure by:
1.      Seeking a letter of non-objection from the IOC or the RCRC, as applicable; or
2.      If it cannot obtain a letter of non-objection, the applicant must:
a.       claim to have a legitimate interest in the string, and demonstrate the basis for this claim; and
b.      explain why it believes that the new TLD is not confusingly similar to one of the protected strings and makes evident that it does not refer to the IOC, RCRC or any Olympic or Red Cross Red Crescent activity.
3.      A determination in favor of the applicant under the above provision (ii)(2) above would not preclude the IOC, RCRC or other interested parties from bringing a legal rights objection or otherwise contesting the determination.
4.      The existence of a TLD that has received a letter of non-objection by the IOC or RCRC pursuant to (ii)(1), or has been approved pursuant to (ii)(2) shall not preclude the IOC or RCRC from obtaining one of the applicable Modified Reserved Names in any round of new gTLD applications.
Jeffrey J. Neuman
Neustar, Inc. / Vice President, Business Affairs
21575 Ridgetop Circle, Sterling, VA 20166
Office: +1.571.434.5772  Mobile: +1.202.549.5079  Fax: +1.703.738.7965 / jeff.neuman at neustar.biz<mailto:jeff.neuman at neustar.biz><mailto:jeff.neuman at neustar.biz><mailto:jeff.neuman at neustar.biz>  / www.neustar.biz<http://www.neustar.biz/>
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