Adam, How do Registrars and Registries protect second level names upfront and prior to registration? That's been an issue since the beginning of time even in the pre-ICANN universe. Network Solutions fought court battles to preserve a first-come, first-serve registration policy in large part because no one can read someone else's mind about what they think infringes -- infringement is only judged after-the-face. That's when there is context to help decided whether there is a "likelihood of confusion," or "actual confusion." Best regards, Kathy : > How about a variation of 5, contract with > > international law firm "to conduct a legal analysis to > substantiate/verify whether there is clear evidence of treaty law > and/or statutes that would require registries and registrars to > protect IOC and RCRC names by law." > > Not ICANN legal counsel. Tender for an international legal firm > (consortium of legal scholars?) to conduct analysis (there's about > $357m in the TLD moneybox) > > Adam > > > > At 11:23 AM -0400 7/18/12, Avri Doria wrote: >> Begin forwarded message: >> >>> From: Brian Peck <<mailto:[log in to unmask]>[log in to unmask]> >>> >>> Subject: [gnso-iocrc-dt] List of possible approaches for Red >>> Cross/IOC names in new gTLDS >>> >>> Date: 18 July 2012 11:08:58 EDT >>> >>> To: "<mailto:[log in to unmask]>[log in to unmask]" >>> <<mailto:[log in to unmask]>[log in to unmask]> >>> >>> >>> List of possible approaches for Red Cross/IOC names in new gTLDS >>> In response to the request during the last RC/IOC DT call, please >>> find below a list of possible approaches that have been proposed to >>> date for moving forward in responding to the GAC proposal to protect >>> the RCRC and IOC names at the second level in new gTLDS: >>> >>> 1. Maintain the status quo and not provide any new special >>> protections for the RCRC/IOC names (i.e., no changes to the current >>> schedule of second-level reserved names in the new gTLD Registry >>> Agreement). >>> 2. Develop recommendations to implement the GAC proposal such as >>> extending protection to all or a subset of RCRC names only, all or a >>> subset of IOC names only or, to both sets of each organizationıs names. >>> 3. Consider the proposal to not provide any new protections now >>> and wait to see if any additional protections may be necessary after >>> the delegation of the first round new gTLD strings and/or consider >>> lowering costs for each organization to utilize RPMs ( i.e., Thomas >>> Rickertıs proposal) >>> 4. Consider possible additional protections for the RCRC/IOC as >>> part of a broader PDP on the protection of names for international >>> organizations >>> 5. Ask ICANN General Counselıs office to conduct a legal analysis >>> to substantiate/verify whether there is clear evidence of treaty law >>> and/or statutes that would require registries and registrars to >>> protect IOC and RCRC names by law. >>> >>> >>> Please let us know if you have any questions or need anything >>> further at this time. Thanks. >>> >>> Best Regards, >>> >>> Brian >>> >>> Brian Peck >>> Policy Director >>> ICANN