[NA-Discuss] Proposal for North American Indigenous TLD

[Danny Younger]

Hi Beau,

The very first issue that needs to be addressed is the
string itself (NAI).

ICANN is in the process of working out new gTLD
implementation considerations, and one of the factors
to be evaluated is the "GAC Principles Regarding New
gTLDs" wherein section 2.3 it is stated:  

"The process for introducing new gTLDs must make
proper allowance for prior third-party rights, in
particular trademark rights..."

You will note that NAI is a trademark of Networks
Associates Technology, Inc.

The GAC language is currently buttressed by GNSO
language that states:  "Strings must not infringe the
existing legal rights of others that are recognized or
enforceable under generally accepted and
internationally recognized principles of law". 

However, a compelling argument against this point of
view has already been made by ICANN prior Legal
Counsel Louis Touton that stated:  "the United States
Patent and Trademark Office (PTO) has made clear that
a top-level domain name, when used as a registry under
which lower-level domain names are registered, does
not function as a source identifier subject to
service-mark rights, but instead is an informational
description of the names being registered."  --
http://www.icann.org/correspondence/touton-letter-to-bank-for-international-settlements-21may01.htm

What we will need to do is to have At-Large members
interested in this topic either attend or remotely
participate in the April 10-11 new gTLD session in LA
to discuss this consideration further.

Meeting details and Agenda can be found here: 
http://gnso.icann.org/mailing-lists/archives/council/msg04906.html

If the applicant can't make it past this first hurdle
(any you know how many three letter strings are
subject to trademark considerations... probably all of
them), then we are all dead in the water.

--- "Brendler, Beau" <Brenbe at consumer.org> wrote:

> I'm interested. What can we (I) do to help? 



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