Comments of the Coca-Cola Company on Draft Expression of Interest/Pre-Registrations Model

["McCarthy, Kathleen" <kmccarthy@xxxxxxxxx>]

The Coca-Cola Company ("TCCC") submits the following comments regarding the 
Draft Expression of Interest/Pre-Registrations Model (the "EOI Model") 
described in the ICANN document entitled "New gTLD Program: Aspects of an 
Expressions of Interest and Pre-Registration Model."

As a major global brand owner and operator of some of the most visited websites 
in the world, TCCC supports all efforts to create and maintain a safe, stable 
internet environment with appropriate protections against fraud and abuse. 
However, given the number and scope of unresolved issues regarding the proposed 
new gTLD program, proceeding with an EOI program at this time does not advance 
such efforts. Moreover, the EOI Model does nothing to help ICANN determine how 
new gTLDs will be received in the marketplace or whether there is sufficient 
genuine demand for them. Rather, it creates a speculative market and a separate 
trademark rights protection challenge for brand owners.

The proposed new gTLD EOI Model raises at least two major issues for global 
brand owners: (1) it forces the brand owner to determine, prior to resolution 
of the many outstanding issues, whether to participate in the first round of 
the new gTLD program; and (2) it opens the door to potential additional 
infringement and enforcement issues.

As to issue (1), the proposed EOI Model will force brand owners to make a 
decision on committing substantial resources to one or more potential new gTLDs 
(and to identify such gTLDs) prior to the resolution of many important issues 
currently before ICANN on how the new gTLD process will work. If a brand owner 
decides to wait for resolution of these issues, it will be foreclosed from 
participating in round one, and possibly lose the competitive edge in obtaining 
a desired gTLD.

As to issue (2), the proposed EOI Model will likely open the process up to 
speculators. While the proposed $55,000 EOI filing fee is high, it is 
significantly less than the $185,000 projected application fee for a new gTLD, 
and filing an EOI is significantly simpler than the proposed gTLD application 
process. It will be much easier for speculators to raise the funds for the EOI 
fee, particularly since their spot in the first round apparently can later be 
traded or sold. This means that the EOI process will not lead, as intended, to 
a better assessment of real interest in new gTLDs. Rather, the EOI process - 
similar to domain name reservation processes - will likely end up creating a 
secondary market trading positions for slots in the first round.

Thus, a brand owner would likely file an EOI as a preventive measure to avoid 
being foreclosed from participating in round one, or as a defensive measure 
against infringers and speculators. Neither reason provides ICANN with any 
valid data as to true brand owner interest in new gTLDs. For these reasons, 
TCCC believes that the proposed EOI Model as currently timed, framed and 
planned is premature and not in the public interest.

TCCC further believes that if the ICANN community as a whole wishes to test the 
efficacy of the new gTLD process, a phased implementation of new gTLDs would be 
more useful, and would impose less of a burden on brand owners. For example, 
consideration should be given to allowing only applications for community terms 
or generic terms - such as insurance, bank, automobile, restaurant, etc. - 
during the first round. Such an approach would allow ICANN, registrants, brand 
owners and other constituencies time to test the system and revise the 
application process as needed.

TCCC appreciates the efforts of the ICANN staff to address the interests of the 
various constituents in the internet community and the opportunity to submit 
these comments.

Paula Guibault
Trademark Counsel: Global Trademark Team
The Coca-Cola Company





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