I think the distinction that Amber may be trying to draw revolves around the notion of "service delivery." There is a certain class of NGO which is based on the delivery of services, either to dues-paying members (AAMC) or on a philanthropic basis (Red Cross). [Actually, there is an important distinction between the "service delivery to dues-paying members" nonprofit, and philanthropic service delivery. The former can (and often does) include nonprofits organized to service a membership that is primarily or partially commercial, whereas the latter is more strictly noncommercial in orientation.] 

I think the trouble people are having with your approach, Amber, is simply that the name your constituency has adopted does not accurately make this distinction clear. It makes it sounds as if you are just setting up a competing Noncommercial Constituency. 

One would think that a trademark lawyer would understand the problems of "confusing similarity" at work here?  

Of course, this problem is inherent in the whole "Constituency" approach to representation. Once you start dividing noncommercial stakeholders up into smaller and smaller categories, then the possibility for confusion, overlapping and unproductive forms of competition for members increases. 

--MM

> -----Original Message-----
> From: NCSG-NCUC [mailto:[log in to unmask]] On Behalf
> Of Konstantinos Komaitis
> Sent: Tuesday, November 02, 2010 12:07 PM
> To: [log in to unmask]
> Subject: Re: [NCSG-NCUC-DISCUSS] Petition to form a new ICANN
> constituency
> 
> Dear Amber,
> 
> Thanks for keeping us informed and for sending this. However, I
> certainly feel quite confused with the statement and purpose of this
> new constituency. In your letter, you submit to the suggestion that up
> until today non-for-profit and non-governmental organisation have been
> unrepresented in ICANN. "We believe creating a new constituency focused
> the operational impact of ICANN policies on the service delivery of
> not-for-profit and non-governmental organizations will be an important
> addition to the ICANN community."
> Personally as a member of NCUC over the past five years, I would like
> to say that this is not accurate. A quick look at NCUC's membership
> roster demonstrates that there are many non-for-profit and non-
> governmental organisations both within and outside the US that have
> joined NCUC.
> So I would like to clarify that the types of organisations you are
> suggesting as an important addition to the ICANN community, are already
> part of that community and have successfully and fairly been
> represented through the NCUC.
> 
> Thanks
> 
> KK
> 
> Dr. Konstantinos Komaitis,
> 
> Law 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
> 
> 
> 
> -----Original Message-----
> From: NCSG-NCUC [mailto:[log in to unmask]] On Behalf
> Of "Kleinwachter, Wolfgang"
> Sent: Tuesday, November 02, 2010 3:31 PM
> To: [log in to unmask]
> Subject: AW: Petition to form a new ICANN constituency
> 
> Dear Amber
> 
> In your letter your write: "As one of its major initiatives, the NPOC
> has placed a priority on ongoing global outreach activities, especially
> to communities and regions currently under-represented in ICANN. We are
> pleased that several organizations have already indicated an interest
> in the NPOC during this pendency period; however, many more are waiting
> for the NPOC to be officially recognized before joining."
> 
> Would it be possible to provide a list of such waiting organisations?
> And would it be also possible to specifiy your outreach  activities in
> currently under-represented regions. I am in particular interested what
> you have done in Eastern Europa, Central Asia and Eastern and Western
> Africa.
> 
> Thanks
> 
> wolfgang
> 
> ________________________________
> 
> Von: Amber Sterling [mailto:[log in to unmask]]
> Gesendet: Di 02.11.2010 15:36
> An: [log in to unmask]
> Betreff: FW: Petition to form a new ICANN constituency
> 
> 
> 
> The NPOC formation committee has formally submitted its charter
> petition to the Board (attached).
> 
> 
> 
> Amber Sterling
> 
> Senior Intellectual Property Specialist
> 
> Association of American Medical Colleges
> 
> 
> 
> From: npoc
> Sent: Tuesday, November 02, 2010 10:30 AM
> To: [log in to unmask]
> Cc: 'George Sadowsky'
> Subject: Petition to form a new ICANN constituency
> 
> 
> 
> Dear Mr. Dengate-Thrush and the ICANN Board of Directors,
> 
> 
> 
> The formation committee and organizations supporting the Not-for-Profit
> Organizations Constituency (NPOC) are pleased to submit the attached
> cover letter and new constituency petition.  We respectfully request
> your prompt consideration as we are eager to participate in the ICANN
> community as a recognized entity.  Please contact us at [log in to unmask]
> if you have any questions or require additional information.
> 
> 
> 
> Kind regards,
> Amber
> 
> 
> 
> Amber Sterling
> 
> Senior Intellectual Property Specialist
> 
> Association of American Medical Colleges