.MUSIC comments for ICANN DAG4: Response to Minds & Machines Trademark Front-running

[Constantine Giorgio Roussos <costa@xxxxxxxx>]

RE: Minds & Machines Trademark FrontRunning Concerns
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In response to Antony Van Couvering's frontrunning comments and as mentioned
at the ICANN meeting in Brussels, we own the .MUSIC trademark in over 20
countries and have been using it in business as well as to gather music
community support over the years. There is no other publicly announced
initiative the last few years and hence no confusion in the domain space or
music industry. Our goal was for protection and not to be granted the TLD
because we have a trademark. Trademarks will sort themselves out if they are
legitimate.

That said, ICANN offers no protections against the gaming of TLD applicants
who have been publicly announced initiatives and have done all the leg work
and communication outreach campaigns.

Given the zero protections from gaming, TLD trademarks for publicly
announced TLDs with years of exposure, lobbying, participation and business
activities is warranted and is in the public interest if used legitimately.

Rest assured that if we, as .MUSIC are faced with the possibility of being
gamed and abused in a manner that we find illegal, we will use our
trademarks and other means necessary to do what we have to do to protect
ourselves and our respective community. While trademarks alone should not be
the sole determinant of earning a TLD, it is the only means we have of
protection, since ICANN has not incorporated any mechanisms to prevent TLD
applicant abuse, gaming and unfair piggybacking from other initiatives.

This is why it is imperative for ICANN to incorporate extra points in the
Community section of the application, in the cases of initiatives that have
been established before the first communicated application window of March
2009 as well as conducted a significant communication outreach public
campaign that is considered beyond reasonable for the best interests of both
the public and awareness of the ICANN gTLD program. Public proof must be
provided in these cases to substantiate these claims. This would be a sound
method of minimizing gaming and in fairness in regards to the public
interest, transparency, accountability and business ethics.

Constantine Roussos
Founder & CEO
.music

http://www.music.us

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