[At-Large] Fwd: Protection of IOC/Red Cross Names at Top Level

Evan Leibovitch evan at telly.org
Thu Feb 2 14:30:42 UTC 2012


Should ALAC have a stance on the TLD reservation of the Red Cross and
Olympic terms?

Personally, I think they should be handled differently. I have no problem
with the Red [Cross|Crescent|Diamond] names (and their multilingual and IDN
equivalents) being reserved because these are groups that do charitable
work and collect funds for relief of famines, natural disasters and other
emergencies.

OTOH, The international olympic movement, while non-profit, does not
collect emergency funds in the same way as the Red Cross. Furthermore, I
have seen olympic committees in various countries aggressively shut down
innocent users (like family-run Greek restaurants using "Olympic" in their
name) that are neither competing nor confusing with the athletic
organization.

(How soon before they go after the largest Greek airline?)

In any case, my own preference is to support reservation of the Red Cross
names but oppose similar protection offered to Olympic ones (and allow
contentious applications to be objected to in the appropriate way as
required).

- Evan






-- terms -------- Forwarded message ----------
From: Konstantinos Komaitis <k.komaitis at strath.ac.uk>
Date: 2012/2/2
Subject: FW: Questions/Options for Protection of IOC/Red Cross Names at Top
Level
To: NCSG-DISCUSS at listserv.syr.edu


Dear all,****

** **

As you know, a policy group has been created to discuss the GAC’s request
for special protection of the Olympic and Red Cross marks and their
variations. The group came up with a set of questions and possible options
that will be discussing in next week’s call. Please note that at this stage
discussions are focusing only at the top level and not the second. ****

** **

Can I please ask for your feedback on these possible recommendations? You
all know where I stand on this issue (especially with regards to the
OLYMPIC mark) and I am very annoyed that the Greek GAC rep is not with me
on this L****

** **

Anyway, the next call is scheduled for next Wednesday and Jeff, chairing
the group, is asking for any comments by Sunday. Apologies for sending this
quite late.****

** **

Thanks****

** **

KK****

** **

Dr. Konstantinos Komaitis,****

** **

Senior Lecturer,****

Director of Postgraduate Instructional Courses****

Director of LLM Information Technology and Telecommunications Law****

University of Strathclyde,****

The Law School,****

Graham Hills building, ****

50 George Street, Glasgow G1 1BA ****

UK****

tel: +44 (0)141 548 4306****

http://www.routledgemedia.com/books/The-Current-State-of-Domain-Name-Regulation-isbn9780415477765
****

Selected publications:
http://hq.ssrn.com/submissions/MyPapers.cfm?partid=501038****

Website: www.komaitis.org****

** **

*From:* owner-gnso-iocrc-dt at icann.org [mailto:owner-gnso-iocrc-dt at icann.org]
*On Behalf Of *Neuman, Jeff
*Sent:* Πέμπτη, 26 Ιανουαρίου 2012 1:48 πμ
*To:* gnso-iocrc-dt at icann.org
*Subject:* [gnso-iocrc-dt] Questions/Options for Protection of IOC/Red
Cross Names at Top Level****

** **

All,

Thanks for the very productive session today during our call.  Given the
feedback on the call, we have revised the questions and options for
protecting the IOC and Red Cross/Red Crescent names at the top level.  On
the call, we discussed a fifth option for Question 1 which included the
notion of a letter of non-objection from either the IOC/Red Cross or a
relevant governmental entity (See options 5(a) and 5(b) below).  It also
occurred to me after the call that there is a sixth option, which enable an
appeal process (like option 4) for entities that apply for strings that are
found to have string similarity, but are unable to secure a letter of
non-objection from the IOC/Red Cross or the relevant governmental
authority, but still nonetheless have legitimate rights to the string.
Options 6(a) and 6(b) may be overkill, but I wanted to make sure all the
options are on the table.  ****

As requested during the call, these questions/options are being presented
for your review and discussion within your respective groups.  Please
provide any comments and/or feedback you may have *by Sunday, February 5th*.
 This will enable us to assimilate the responses prior to our next call on
February 8th.  Thank you very much in advance for your consideration and
time.

*Question 1.  How should the Olympic and Red Cross/Red Crescent Terms be
Treated in the Current Application Round
**
GAC Proposal
*At the top level, the request is to protect the Olympic and Red Cross
terms like the words “test” and “example” in the Applicant Guidebook
(Section 2.2.1.2), extending those terms to multiple languages and
receiving consideration during the String Similarity review.  Right now,
these terms (in not every language) is in the section entitled “Strings
Ineligible for Registration” and would not invoke String Similarity Review.
*
*·        *Option 1*: Recommend no changes to Guidebook and reject GAC
Proposal.  This means that the names set forth in 2.2.1.2.3:
a)       Are not considered “Reserved Names”
b)      Applied for strings are *not* reviewed for similarity to the names
in Section 2.2.1.2.3.
*
*·        *Option 2:*  Treat the terms set forth in Section 2.2..1.2.3 as
“reserved names” under Section 2.2.1.2.  This means that:
a) the names are not available as gTLD strings to anyone; and
b)  applied-for gTLD strings are reviewed during the String Similarity
review to determine whether they are similar to those in Section 2.2.1.2.3.
An application for a gTLD string that is identified as too similar to a
Reserved Name will not pass this review.
c)        Like other applied for gTLDs not passing String Similarity
Review, there is *no* appeal.

·        *Option 3*:  Treat the terms set forth in Section 2.2.1.2.3 as
“modified reserved names” meaning:
a)      The names are available as gTLD strings only to the International
Olympic Committee, International Red Cross and Red Crescent Movement, as
applicable.
b)      applied-for gTLD strings are reviewed during the String Similarity
review to determine whether they are similar to those in Section 2.2.1.2.3.
An application for a gTLD string that is identified as too similar to a
Reserved Name will not pass this review.
c)       Like other applied for gTLDs not passing String Similarity Review,
there is *no* appeal.

·        *Option 4a* – Same as Option 2, except there would be an appeal
process for those organizations that can demonstrate legitimate rights to
the “reserved names.”  Appeal mechanism TBD.
·        *Option 4b* – Same as Option 3, except there would be an appeal
process for those organizations that can demonstrate legitimate rights to
the “modified reserved names.”  Appeal mechanism TBD.

·        *Option 5a*:  Same as Option 3 except that the “modified reserve
names” are available as gTLD strings only to the International Olympic
Committee, International Red Cross and Red Crescent Movement or, to those
entities receiving a letter of non-objection from the International Olympic
Committee, International Red Cross and Red Crescent Movement as applicable.

·        *Option 5b*: Same as Option 5a but also to include entities
receiving a letter of non-objection from a relevant government.

·        *Option 6a*: Same as Option 5a, except that there would be an
appeal process for those entities that can demonstrate legitimate rights to
the “modified reserved names.”  Appeal mechanism TBD.

·        *Option 6b*: Same as Option 5b, except there would be an appeal
process for those entities that can demonstrate legitimate rights to the
“modified reserved names.”  Appeal mechanism TBD.

*Question 2.  Should the protections set forth in Question 1 apply to
languages in addition to those set forth in the chart in Section 2.2.1.2.3?
 If yes, which additional languages?
*a)      *Option 1*:  No, just the languages set forth in the Applicant
Guidebook
b)      *Option 2*:  Accept GAC Proposal stating asking for protection
in “*multiple
languages -* all translations of the listed names in languages used on the
Internet.”
c)       *Option 3*:  Extending protections to other languages, but a
subset of languages.
*
**Question 3.  Should the Protections in Questions 1 and 2 apply to
subsequent gTLD rounds?

*a)       *Option 1*:  Yes, it should apply in all future rounds
b)      *Option 2:*   No, it should only apply to this current round.
c)       *Option 3*:  It should apply in this current round with no
decision on subsequent rounds.  We should evaluate the results of this
initial round, document lessons learned, and then decide on recommendations
on subsequent rounds based on the results of the evaluation.****

** **

** **

*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 at neustar.biz  */* www.neustar.biz ****
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