Opinions? Fwd: [] List of possible approaches for Red Cross/IOC names in new gTLDS

[Kathy Kleiman]

Adam,
How do Registrars and Registries protect second level names upfront and 
prior to registration? That's been an issue since the beginning of time 
even in the pre-ICANN universe.

Network Solutions fought court battles to preserve a first-come, 
first-serve registration policy in large part because no one can read 
someone else's mind about what they think infringes -- infringement is 
only judged after-the-face. That's when there is context to help decided 
whether there is a "likelihood of confusion," or "actual confusion."

Best regards,
Kathy
:
> How about a variation of 5, contract with
>
> international law firm "to conduct a legal analysis to 
> substantiate/verify whether there is clear evidence of treaty law 
> and/or statutes that would require registries and registrars to 
> protect IOC and RCRC names by law."
>
> Not ICANN legal counsel.  Tender for an international legal firm 
> (consortium of legal scholars?) to conduct analysis (there's about 
> $357m in the TLD moneybox)
>
> Adam
>
>
>
> At 11:23 AM -0400 7/18/12, Avri Doria wrote:
>> Begin forwarded message:
>>
>>> From: Brian Peck <<mailto:brian.peck at icann.org>brian.peck at icann.org>
>>>
>>> Subject: [gnso-iocrc-dt] List of possible approaches for Red 
>>> Cross/IOC names in new gTLDS
>>>
>>> Date: 18 July 2012 11:08:58 EDT
>>>
>>> To: "<mailto:gnso-iocrc-dt at icann.org>gnso-iocrc-dt at icann.org" 
>>> <<mailto:gnso-iocrc-dt at icann.org>gnso-iocrc-dt at icann.org>
>>>
>>>
>>> List of possible approaches for Red Cross/IOC names in new gTLDS
>>> In response to the request during the last RC/IOC DT call, please 
>>> find below a list of possible approaches that have been proposed to 
>>> date for moving forward in responding to the GAC proposal to protect 
>>> the RCRC and IOC names at the second level in new gTLDS:
>>>
>>> 1.    Maintain the status quo and not provide any new special 
>>> protections for the RCRC/IOC names (i.e., no changes to the current 
>>> schedule of second-level reserved names in the new gTLD Registry 
>>> Agreement).
>>> 2.    Develop recommendations to implement the GAC proposal such as 
>>> extending protection to all or a subset of RCRC names only, all or a 
>>> subset of IOC names only or, to both sets of each organization¹s names.
>>> 3.    Consider the proposal to not provide any new protections now 
>>> and wait to see if any additional protections may be necessary after 
>>> the delegation of the first round new gTLD strings and/or consider 
>>> lowering costs for each organization to utilize RPMs ( i.e., Thomas 
>>> Rickert¹s proposal)
>>> 4.    Consider possible additional protections for the RCRC/IOC as 
>>> part of a broader PDP on the protection of names for international 
>>> organizations
>>> 5.    Ask ICANN General Counsel¹s office to conduct a legal analysis 
>>> to substantiate/verify whether there is clear evidence of treaty law 
>>> and/or statutes that would require registries and registrars to 
>>> protect IOC and RCRC names by law.
>>>
>>>
>>> Please let us know if you have any questions or need anything 
>>> further at this time.  Thanks.
>>>
>>> Best Regards,
>>>
>>> Brian
>>>
>>> Brian Peck
>>> Policy Director
>>> ICANN