[ALAC] Fwd: [gnso-consumercci-dt] Comments from US DoC regarding CCTC WG work

Evan Leibovitch evan at telly.org
Wed May 16 03:50:51 UTC 2012

Hi Olivier,

Asking for a survey of the costs and benefits of the new gTLD program to
name holders is beyond ALAC's mandate and scope.

To the extent that the new program might increase brand confusion amongst
shoppers, this issue is of interest, but as a matter of asking the PoV of
brand "users" as opposed to the brand "owners". I suspect that answers will
be in sync generally but not totally. As we saw in the GAC Sorecard, there
was much that ALAC agreed with related to brand protection, but we believed
that the intellectual property interests carry the issue too far with a
number of demands so ludicrous as to demean their entire case.

Doing a survey of brand owners is a useful activity -- and one that ICANN
should have undertaken *before* it launched the program -- but it beyond
our role to approve or disapprove. Our focus here should be to ensure that
ICANN is aware of the extent of demand for the program, and the
consequences borne, by non-registrant end-users. We are the only community
in ICANN speaking for them.

Clearly the brand holders don't need our help in bringing their point
across. It is unfortunate that the Department of Commerce's letter
continues to use the term "consumer" in a manner ambiguous enough to allow
ICANN to continue to dodge tough questions that might call into serious
question its current path.

- Evan

On 15 May 2012 20:03, Olivier MJ Crepin-Leblond <ocl at gih.com> wrote:

> Dear ALAC colleagues,
> My action item from today's WG call is to ask you whether you believe
> that any set of surveys of Internet users asking them about the
> benefits/problems of an enhanced gTLD namespace might also be extended
> to Trademark Owners, especially enquiring about their experience with
> regards to cybersquatting and their assessment of incurred costs and
> satisfaction with results when a resolution is sought. Comments eagerly
> welcome!
> Also -- just arrived as a public comment from USG, please read below, FYI.
> Kind regards,
> Olivier
> -------- Message original --------
> Sujet:  [gnso-consumercci-dt] Comments from US DoC regarding CCTC WG work
> Date :  Wed, 16 May 2012 01:44:32 +0200
> De :    Olivier MJ Crepin-Leblond <ocl at gih.com>
> Pour :  gnso-consumercci-dt at icann.org <gnso-consumercci-dt at icann.org>
> Hello everyone,
> whilst preparing an email to follow-up on the Action Item which was
> assigned to me today to ask the ALAC about expansion of survey to
> trademark owners, I just came across an added entry on the Comments
> Forum from US Dept. of Commerce, from Vernita D. Harris. (Received &
> Dated 15th May 2012)
> http://forum.icann.org/lists/cctc-draft-advice-letter/msg00013.html
> You might wish to read this and staff might wish to forward to Steve
> Crocker, if he hasn't caught glimpse of this yet.
> Kind regards,
> Olivier
> --
> Olivier MJ Crépin-Leblond, PhD
> http://www.gih.com/ocl.html
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Evan Leibovitch
Toronto Canada

Em: evan at telly dot org
Sk: evanleibovitch
Tw: el56

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