.berlin comments to AGBv6

["Dirk Krischenowski" <krischenowski@xxxxxxxxxxxx>]

Dear Sirs,

the latest version of the Applicant Guidebook (version 6) incorporates many
appreciated advances such as the protection of geographic indications.
However, we are concerned that the newly added reservation of "Two-character
labels" may cause problems. 


# Two-character labels

The reservation of "Two-character labels" has never been a publicly
discussed point and putting this into the AGB rules without a community
discussion is outside the policy development process. Furthermore its timing
is odd given that at least a dozen gTLD and ccTLD registries have released
"Two-character labels" just recently or are planning to release them in the
near future, with approval of ICANN in the case of gTLDs.

We think that the introduction of a mandatory reservation of "Two-character
labels" in new gTLDs is unfortunate, especially due to a missing rationale.
Confusion with the "Two-letter codes" of ccTLDs or technical reasons are by
all means not evident.

Additionally we assume that the reservation of "Two-character labels" will
create legal challenges in many new gTLDs. For instance, in Germany DENIC
e.G., the operator of the .de ccTLD, was in 2010 forced by competition and
trademark laws to release all "Two-character labels". 

Therefore we strongly urge ICANN to delete the reservation of "Two-character
labels" from the Applicant Guidebook.


# Trademark Clearinghouse

TLD applicants need more details on Trademark Clearinghouse processes and
costs for a proper business planning. This should to be included in final
AGB.


Dirk Krischenowski
Founder and CEO
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dotBERLIN GmbH & Co. KG
Akazienstrasse 2
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Germany
Tel +49 30 49782354
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