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[gnso-iocrc-dt] *** FOR IMMEDIATE COMMENT: OPTION 7 v. 2 WITH FREEZE ON LANGUAGE***

  • To: "gnso-iocrc-dt@xxxxxxxxx" <gnso-iocrc-dt@xxxxxxxxx>
  • Subject: [gnso-iocrc-dt] *** FOR IMMEDIATE COMMENT: OPTION 7 v. 2 WITH FREEZE ON LANGUAGE***
  • From: "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>
  • Date: Fri, 24 Feb 2012 21:26:10 -0500

All,

In line with Steve's suggestion, I am freezing the language on Option 7 as is 
with the suggested changes from Lanre and Greg.  We could probably word smith 
this forever. Please consider this the final version for seeking input and for 
raising during the call with the GAC next week. In the meantime, in addition to 
the status report, I will begin to draft the straw man of options for the 
second level.

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

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 
attempt to override the string similarity failure by:


1.      Seeking 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/>
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