[At-Large] Briefing Document: Second-Level Protections in New gTLDs

Alan Greenberg alan.greenberg at mcgill.ca
Sun Jun 24 08:15:15 UTC 2012

During its 12 April meeting 
the Board passed a motion that included:

>Resolved (2012.04.10.NG2), while the New gTLD 
>Program Committee is not directing any changes 
>to the Applicant Guidebook to address defensive 
>gTLD applications at this time, the New gTLD 
>Program Committee directs staff to provide a 
>briefing paper on the topic of defensive 
>registrations at the second level and requests 
>the GNSO to consider whether additional work on 
>defensive registrations at the second level should be undertaken;

The briefing paper has now been released and is 
attached. The GNSO has not yet addressed this.

I note that this initiative overlaps very 
significantly with the current GNSO Drafting Team 
focusing on special protections for International 
Red Cross  and Olympics, and the Possible PDP on 
protections for Inter-governmental Organizations 
(See draft Issue Paper - 
There is the possibility for up to three parallel 
efforts utilizing significant volunteer and staff 
resources and at worst could go in three different directions.


>Dear Stephane:
>With the closing of the application period for, 
>and the pending delegation of new gTLDs, the 
>ICANN community is encouraged to continue to 
>consider the perceived need for defensive 
>registrations at the second level, and whether 
>additional protections for established legal 
>rights at the second level should be developed and implemented.
>In its 12 April 2012 resolution regarding 
>defensive applications (top-level protections) , 
>the New gTLD Committee ofthe Board acknowledged 
>that the sense of the public discussion on this 
>issue through the public comment forum and the 
>public workshop at the Costa Rica Meeting 
>“indicated that trademark protections should 
>continue to be discussed and developed for the 
>registration of second-level domain names.”  As 
>required by the Board’s resolution, ICANN staff 
>members have drafted a briefing paper on this topic.
>The paper suggests that the GNSO Council 
>consider utilizing one of its available 
>processes such as requesting an Issue Report or 
>conducting a policy discussion to address the 
>issue whether additional work on defensive 
>registrations at the second level should be undertaken.
>We welcome comments on this paper. Please send 
>me any comment or questions you might have.
>Best regards
>Kurt Pritz
>  cc:   GAC – Heather Dryden
>          ALAC - Olivier MJ Crepin-Leblond
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