Comment on Spec 13; classifying TLDs as “.Brand TLDs" and permitting registrar selection

["Onorato, Tony" <tonorato@xxxxxxxxxxx>]

As an attorney representing gTLD applicants, I write to comment on two aspects 
of the solicitation for feedback on BRG’s proposed Spec 13.

First, it is appropriate to classify certain TLDs as “.Brand TLDs”; the 
definition of .Brand TLD reflects the recognition on the part of ICANN that a 
one-size-fits-all Registry Agreement is not the best approach where one of the 
implicit goals of the New gTLD Program is diversity of applicants, of business 
models, and of applicant goals for fostering competition and innovation.  
Further, because the definition of .Brand is tied to objective, verifiable 
criteria correlated to the TMCH, it reflects a rational and implementable 
standard.

At bottom, opening .Brand TLDs to limited registration by Trademark Licensees 
is a critical step to removing artificial barriers to competition and 
innovation.  Allowing a contractually designated – and thus definable – group 
of second-level registrants to shape content, while working in concert with the 
TLD operator, will unlock more of the economic potential of the .Brand TLDs by 
showcasing inter-company partnerships, brand synergies, cooperative efforts, 
and the like.  This will make for significantly more dynamic branded TLD spaces 
and incentivize license arrangements.

Second, as for whether it is appropriate to permit a Registry Operator for a 
.Brand TLD to limit its registrar use to one or more preferred ICANN accredited 
registrar(s), because .Brand TLDs will not be offering registrations to the 
public, the concerns animating non-discrimination amongst registrars are not 
implicated.  That is, because such registry operators would not be offering 
domains to the public on the open market, concerns over consumer trust, 
consumer choice and competition – the dispositive issues, distilled down to 
whether the consumer is seeing the best pricing and availability of domains, 
and whether the playing field is even between registries and between registrars 
– are not at issue, and thus there is no reason to overcomplicate the issue the 
selection of registrars by .Brand TLDs.

Best regards,

Tony Onorato
Steptoe & Johnson LLP

Tony Onorato
tonorato@xxxxxxxxxxx
Steptoe

+1 212 506 3933 direct
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