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Re: [gnso-vi-feb10] Private TLDs

  • To: Van Couvering Antony <avc@xxxxxxxxxxxxxxxxxxxx>, Gnso-vi-feb10@xxxxxxxxx
  • Subject: Re: [gnso-vi-feb10] Private TLDs
  • From: Richard Tindal <richardtindal@xxxxxx>
  • Date: Thu, 25 Mar 2010 11:51:53 -0600

Antony has identified a challenge with the single-registrant model.    

To re-state it, I could operate as the  Music Domains 'brand', apply for 
.MUSIC,  provide second level MUSIC names to worldwide customers, have myself 
as the registrant for all those names (but give customers a license to use ) 
and circumvent any equivalent registrar access and/or registrar fee rules that 
might be in place for other TLDs.

Jarkko/ All  - Is a solution to this putting a numerical limit on the number of 
second level names that can be registered?  Lets say the limit was 1,000 names. 
 This should give the 'brand' the ability to run its own marketing sites - e.g. 
   newproducts.nokia,   phones.nokia,  employment.nokia,   news.nokia,  etc.    

What the 1,000 name limit wouldn't do is allow Nokia to sell/ bundle/ giveaway 
names to customers.    I dont see a solution to that perceived need  (although 
others may).    In fact,  I dont know why Nokia should be any different from 
any other registry if it was providing names to registrants.    

At a higher level of questioning ---   Are any brands really planning to do 
that?    In the last 3 years of public comments on new TLDs I havent seen or 
heard one comment from a 'brand' advocating that model?    What I have seen is 
almost uniform comments from 'brands' that new TLDs are not necessary and are 
not justified by economic analysis.  I dont mind working to find a solution for 
the 'brand' issue but I wouldnt want us to spend a lot of time working on a 
solution for a group who have not been asking for a solution.  


On Mar 25, 2010, at 11:16 AM, Antony Van Couvering wrote:

> Apologies for having to ask this, but what is a brand?
> If it's anyone with a trademark, then the obvious thing to do if you want to 
> avoid the registrar channel is get a trademark, "license" the names out 
> (isn't this the legal fiction anyway?), and avoid all ICANN fees and other 
> pesky restrictions....
> Consider also a sports franchise (say the NBA) or an automobile manufacturer 
> (say BMW).  The NBA would want to provide each of its franchisees with a .nba 
> name, for instance lakers.nba.  They might also want to register/protect the 
> names of all the players, as well as provide names to authorized ticket 
> vendors, merchandise vendors, etc.  In the case of BMW, they might want to 
> issue a domain name to each authorized dealership, repair facility, or 
> authorized fan club. 
> It is just as silly to make them go to a registrar to do all of this stuff as 
> it would be for them to use a registrar just to give out emails.  
> Essentially, a middleman with no added value. 
> Antony
> On Mar 25, 2010, at 10:01 AM, Stéphane Van Gelder wrote:
>>> Avri,
>>> (JR) In my opinion it is ok for brand TLDs to give out names to consumers 
>>> if the names are very tightly connected to the brand owner’s (online) 
>>> services. But also then there would be the question of unfair competition 
>>> with “open “ TLDs.  However, we need to keep in mind that running a big TLD 
>>> is a relatively costly business, so I don’t see many TLDs just giving names 
>>> out just for fun.
>> (SVG) I don't see how that can work. Either the brand TLD operator has to 
>> own all of its domains and cannot distribute them to third parties (which 
>> doesn't prevent the brand owner from leasing names out or entrusting them to 
>> others BTW), and that way the registrar requirement may not be needed, or 
>> the brand TLD operator is allowed to give or sell names to third parties and 
>> in that case the playing field should be even with all other TLDs that do 
>> distribute names and the TLD operator should have to work through ICANN 
>> registrars.
>> Thanks,
>> Stéphane Van Gelder
>> Directeur Général / General manager
>> +33 1 48 01 83 51
>> INDOM Noms de domaine / Domain names
>> 124-126, rue de Provence
>> 75008 Paris
>> France
>> 0820 77 7000 (Prix d'un appel local) 
>> De l'étranger (calling from outside France): + 33 1 76 70 05 67
>> www.indom.com
>> Daily domain name industry news: www.domaines.info
>> Mon blog/My blog : www.stephanevangelder.com
>> Twitter : stephvg

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