RE: [gnso-rn-wg] gTLD string Reserved Names sub-group report

["Michael D. Palage" <Michael@xxxxxxxxxx>]

Ray,

Thanks for your hard work, and my apologizes for not speaking up sooner,
however, as previously stated I have had my head buried in the
geographical/geopolitical subgroup.

I have some concerns about the proposed wording of a registry operator
being able to register its name during a sunrise process, as this
process is generally made available only trademark holders. First this
would appears to contradict the previous opinion of Louis Touton,
ICANN's former general counsel. Please refer to the following letter
from ICANN to the GAC regarding a trademark application in connection
with a ccTLD, see
http://www.icann.org/correspondence/touton-letter-to-tarmizi-10feb03.htm
There is also a restriction under US trademark law regarding the mere
registration of a TLD as a trademark, see EXAMINATION GUIDE NO. 2-99,
http://www.uspto.gov/go/tac/notices/guide299.htm.

Now of course registries could probably find some favorable national
trademark authority to register their TLD as a trademark, or to obtain a
registration in another class as many gTLD registry operators have
already done, but I believe establishing a rule that will only be gamed
is not constructive.

I have consistently argued in various subgroups (IANA/ICANN,
Geographical/Geopolitical, gTLD string reservations) ICANN should not be
about conveying rights in gross to string designations. Trademark law
does not recognize such rights, so I submit that unless a group claiming
such rights can establish a solid international legal basis for such
rights, ICANN should not recognize/codify them in their contracts.

This being said, I do have an objection about rouge registries.
Specifically, registrants registering second level domains that
correspond to an existing TLD (ccTLD or gTLD) and then providing
registration services at the sub domain (3rd or lower). I believe this
practice can/should be banned/restricted.

Best regards,

Michael





-----Original Message-----
From: owner-gnso-rn-wg@xxxxxxxxx [mailto:owner-gnso-rn-wg@xxxxxxxxx] On
Behalf Of Ray Fassett
Sent: Tuesday, May 08, 2007 5:42 PM
To: gnso-rn-wg@xxxxxxxxx
Subject: [gnso-rn-wg] gTLD string Reserved Names sub-group report


All:
 
Attached, please find the report from the gTLD Reserved Names sub-group.
The recommendation has changed materially from last week based upon new,
substantive feedback the sub-group has received and teleconference
discussion by sub-group members this past Monday (1 sub-group member was
not able to attend the teleconference due to prior commitment).  There
is not unanimous opinion at this time by the 3 sub group members for the
recommendation contained.  2 of the 3 sub-group members are in favor of
the recommendation.
 
Thanks, 
 
Ray Fassett