On Thu, Jul 19, 2012 at 9:17 AM, Kathy Kleiman <[log in to unmask]> wrote:

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]org>[log in to unmask]" <<mailto:[log in to unmask]org>[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 organizationąs 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 Rickertąs 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 Counseląs 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