Closed New gTLDs - "Closed Gardens"

[Kathy Kleiman]

Hi All,
I would like to share with you a letter being circulated by Michele
Neylon, the wonderful Blacknight registrar (and the only registrar in
Ireland).  It deals with new gTLDs that are "closed gardens" -- generic
words that some companies have applied for as new gTLDs and will keep
"closed" -- not open for general second-level domain name registration.
These include some applicants for .BLOG and .CLOUD, among many others.

It's a powerful letter with strong free speech/freedom of expression
arguments. Concerns are shared by registries, registrars and registrants
-- and Michele is looking for Signatories.

Please take a moment to look at the letter, and let Michele know if you
can sign on (name, organization).  Michele is cc'ed on this email, and
can be reached at michele at blacknight.ie

-----
Here's the full version with current signatories :
https://docs.google.com/document/d/1ZUNlookOWyaSW8lXfi_37zVFsVk9xcxncvmE0uwPEFY/editHere
are two quotes from the


Here are two quotes from the letter:
"Based on our collective industry experience, we are of the opinion that
the underlying intention of Section 6 was to allow for the operation of
closed gTLDs only under very defined circumstances.
Specifically, that closed gTLDs should be reserved for only those
strings in which the applicant possesses established (i.e., legally
recognized) intellectual property rights, basically brand names.  We
believe that this interpretation of Section 6 is inherently logical
especially in view of the discussions that preceded the opening of gTLDs
-- which focused, in very large part, on expanding choices and
opportunities as well as promoting innovation, for Internet consumers
worldwide."

"Further,  generic words used in a generic way belong to all people. It
is inherently in the public interest to allow access to generic new
gTLDs to the whole of the Internet Community, e.g., .BLOG, .MUSIC,
.CLOUD. Allowing everyone to register and use second level domain names
of these powerful, generic TLDs is exactly what we envisioned the New
gTLD Program would do. In contrast, to allow individual Registry
Operators to segregate and close-off common words for which they do not
possess intellectual property rights in effect allows them to circumvent
nation-states' entrenched legal processes for obtaining legitimate and
recognized trademark protections."
----
Best,
Kathy

Kathy Kleiman
Internet Counsel, Fletcher, Heald & Hildreth
Co-Founder, NCUC

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