Objection to applications for a closed registry in the identity of .CLOUD

[George Anderson <ganderson@xxxxxxxxxxx>]

Dear Sirs,

My organization is in an industry body representing the Cloud Industry from a 
supplier perspective.
We believe that the term 'cloud' in the context of cloud computing is:


1.       A highly generic phrase that is referred to by the industry as a whole 
and is not under restriction or ownership by any organisations, but has become 
in essence an industry classification.

2.       Reflective of a nascent and evolving market based upon formal market 
research.

3.       Encompassing technology platforms and solutions  that are still 
diverging in their innovation.

4.       Giving rise to multiple perspectives in regard to defining cloud and 
as such underlines the market confusion and immaturity.

5.       Free from a Trademark in its pure form meaning that it is not deemed 
appropriate as a phrase to trademark.  The reasons why cloud could not be 
trademarked are sensible to compare to why .cloud should not be restricted to a 
single entity. i.e. Trade marks (according to the UK Intellectual Property 
Office) are not registrable if they:

a.       describe your goods or services or any characteristics of them, for 
example, marks which show the quality, quantity, purpose, value or geographical 
origin of your goods or services;

b.      have become customary in your line of trade;

c.       are not distinctive;

d.      are three dimensional shapes, if the shape is typical of the goods you 
are interested in (or part of them), has a function or adds value to the goods;

e.      are specially protected emblems;

f.        are offensive;

g.       are against the law, for example, promoting illegal drugs; or;

h.      are deceptive. There should be nothing in the mark which would lead the 
public to think that your goods and services have a quality which they do not.

As such, with the market still nascent and evolving and with a level of 
confusion as to what cloud means it would be counter-productive to restrict the 
use of .cloud to one organisation.
We reiterate that the phrase cloud cannot be clearly assigned to any one 
organisation operating in that market today and should not be granted as a 
closed registry.
We are supportive of the implementation of an open registry for .cloud and any 
related action that would enable the use of .cloud domains by any credible 
cloud service provider.

We request that ICANN only allow registry applications for .cloud that protects 
its status as an industry wide classification and enables the market to 
continue to evolve and innovate in a healthy competitive landscape.

We strongly object to the notion of  .cloud becoming a closed registry.

Yours sincerely,
George
George Anderson |Senior Product Marketing Manager - Enterprise
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