Re: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on safeguards for new gTLDs

[svg@xxxxxxxxxxxxxxxxxxxxx]

Thanks Sarah, J. Scott and Laura for this work.

I am wondering if there is a clear definition of what constitutes a closed 
generic TLD somewhere?

Failing that, what is to stop the criteria suggested in this text being imposed 
on, say, a brand that has a term resembling a generic term as its brand name 
and that would understandably like to operate it for its own exclusive use?

Thanks,

Stéphane Van Gelder
Chairman and Managing Director/Fondateur
STEPHANE VAN GELDER CONSULTING

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Le 22 mai 2013 à 22:58, "Deutsch, Sarah B" <sarah.b.deutsch@xxxxxxxxxxx> a 
écrit :

> All,
> 
> To follow up on our BC call this morning,  we discussed why the existing 
> draft asking ICANN to develop a non-specific public policy exemption in the 
> Registry Code of Conduct for closed generics was not a good idea.  Steve had 
> encouraged me, J. Scott Evans and Laura Covington from Yahoo to put pen to 
> paper and propose specific ideas (building on the Australia’s earlier GAC 
> recommendations on closed generics) rather than for the BC to remain silent 
> on this issue. 
>  
> Our proposed language is attached for Members’ consideration.
>  
> 
> Sarah
>  
>  
> 
> Sarah B. Deutsch 
> Vice President & Deputy General Counsel 
> Verizon Communications 
> Phone: 703-351-3044 
> Fax: 703-351-3670
>  
>  
> From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of 
> Elisa Cooper
> Sent: Monday, May 20, 2013 3:34 PM
> To: Steve DelBianco
> Cc: bc-gnso@xxxxxxxxx
> Subject: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on 
> safeguards for new gTLDs
>  
> Steve,
>  
> Thank you so much for all of your work on this.
>  
> Please find attached my edits to Sarah’s draft.
>  
> As previously stated, I will recuse myself from comments related to Closed 
> Generics. That said, I am concerned that the proposed comments in this draft 
> may be at odds with our earlier 
> position:http://www.bizconst.org/Positions-Statements/BC%20Comment%20on%20Closed%20Generic%20TLDs.pdf.
>  
> Thank you again.
>  
> Best,
> Elisa
>  
> Elisa Cooper
> Director of Product Marketing
> MarkMonitor
>  
> Elisa Cooper
> Chair
> ICANN Business Constituency
>  
> 208 389-5779 PH
>  
> From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of 
> Deutsch, Sarah B
> Sent: Monday, May 20, 2013 12:29 PM
> To: Steve DelBianco; bc-gnso@xxxxxxxxx
> Subject: [bc-gnso] RE: FOR REVIEW: draft BC comment on GAC Advice on 
> safeguards for new gTLDs
>  
> Steve, All,
> 
> Thanks for your work on this draft. My comments are attached.   One big issue 
> I would flag for members is the paragraph dealing with closed generics.   
> Various BC members have grave concerns about certain closed generics and 
> formal objections have been filed.  The focus on applying for an exemption in 
> the Final Guidebook does not fix these fundamental concerns for the reasons 
> outlined in the attached.
>  
> I’d suggest that the BC either (a) refrain from taking a position on the 
> closed generic issue altogether or (b) support the GAC’s concerns about 
> closed generics and the need to show that an award of an exclusive right in a 
> generic term is in the larger public interest.   
>  
> Sarah
>  
> From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of 
> Steve DelBianco
> Sent: Wednesday, May 15, 2013 4:40 PM
> To: bc-gnso@xxxxxxxxx
> Subject: [bc-gnso] FOR REVIEW: draft BC comment on GAC Advice on safeguards 
> for new gTLDs
>  
> ICANN’s new gTLD Board Committee has requested public comment on how it 
> should address GAC advice to establish safeguards for categories of new 
> gTLDs. (link)
>  
> The BC has have held 3 conference calls on this topic (see minutes and 
> transcripts on the BC Wiki).  Several BC members provided input, including 
> text from Ron Andruff, Marilyn Cade, and Andrew Mack.  
>  
> Comment period closes 4-Jun.   That allows our regular 14-day review and 
> approval period.  So, please REPLY ALL with your suggested edits and comments 
> regarding this draft, before 29-May-2013.
>  
> Steve DelBianco
> Vice chair for policy coordination
> Business Constituency
>  
>  
>  
> <BC Comment on GAC Advice for new gTLDs DRAFT v1sd2 (2).docx>