[gnso-iocrc-dt] FOR IMMEDIATE COMMENT: Modified Option 7

["Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>]

All,

Pursuant to the call on Wednesday, please find enclosed the Modified Option 7 
as revised.  I have highlighted 2 areas where I have added some language to 
address a couple of the points that were raised during the call that would be 
unwanted unintended consequences to the existing language.  The first is that 
in order to be consistent with (a) below (allowing the IOC  or RCRC to apply 
for their own names), it did not make sense to run a string similarity review 
on applications by the IOC or RCRC, so language has been added in (b) to 
address this point.  The second, is what appears now as (c)(ii)(4) which is the 
point that if the IOC or RCRC grant a letter of non-objection or a similar 
string does get through in this round because they were able to show a 
legitimate interest, etc., then that should not preclude the IOC or the RCRC 
from obtaining one of the Modified Reserved Names in this or any subsequent 
round.

Please distribute this option to each of your constituencies, stakeholder 
groups, ACs, etc. to get some feedback. I am really hoping that we can obtain 
consensus on this option for the top-level to be able to address with the GAC 
and Council next week and in Costa Rica.

*******************************************************************

Option 7:  Treat the terms set forth in Section 2.2.1.2.3 as "Modified Reserved 
Names," meaning:

a)      The Modified Reserved Names are available as gTLD strings to the 
International Olympic Committee (hereafter the "IOC"), International Red Cross 
and Red Crescent Movement (hereafter "RCRC") and their respective components as 
applicable.

b)      Applied-for gTLD strings, other than those applied for by the IOC or 
RCRC, are reviewed during the String Similarity review to determine whether 
they are similar to these Modified Reserved Names. An application for a gTLD 
string that is identified as too similar to a Modified Reserved Name will not 
pass this initial review.


c)      If an application fails to pass initial string similarity review:


                                i.            And the applied-for TLD 
identically matches any of the Modified Reserved Names (e.g., ".Olympic" or 
".RedCross"), it cannot be registered by anyone other than the IOC or the RCRC, 
as applicable.

                              ii.            If the applied-for TLD is not 
identical to any of the Modified Reserved Names, but fails initial string 
similarity review with one of Modified Reserved Names, the applicant may 
override the string similarity failure by:


1.      Attempting to obtain a letter of non-objection from the IOC or the 
RCRC, as applicable; or

2.      If it cannot obtain a letter of non-objection, the applicant must:

a.       claim to have a legitimate interest in the string, and demonstrate the 
basis for this claim; and
b.      explain why it believes that the new TLD is not confusingly similar to 
one of the protected strings and makes evident that it does not refer to the 
IOC, RCRC or any Olympic or Red Cross Red Crescent activity.

3.      A determination in favor of the applicant under the above provision 
(ii)(2) above would not preclude the IOC, RCRC or other interested parties from 
bringing a legal rights objection or otherwise contesting the determination.

4.      The existence of a TLD that has received a letter of non-objection by 
the IOC or RCRC pursuant to (ii)(1), or has been approved pursuant to (ii)(2) 
shall not preclude the IOC or RCRC from obtaining one of the applicable 
Modified Reserved Names in any round of new gTLD applications.


Jeffrey J. Neuman
Neustar, Inc. / Vice President, Business Affairs
21575 Ridgetop Circle, Sterling, VA 20166
Office: +1.571.434.5772  Mobile: +1.202.549.5079  Fax: +1.703.738.7965 / 
jeff.neuman@xxxxxxxxxxx<mailto:jeff.neuman@xxxxxxxxxxx>  / 
www.neustar.biz<http://www.neustar.biz/>
________________________________
The information contained in this e-mail message is intended only for the use 
of the recipient(s) named above and may contain confidential and/or privileged 
information. If you are not the intended recipient you have received this 
e-mail message in error and any review, dissemination, distribution, or copying 
of this message is strictly prohibited. If you have received this communication 
in error, please notify us immediately and delete the original message.