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Dial outs: Cheryl Langdon-Orr, Phil Buckingham, Michael Flemming Attendees: Apologies: Michael Flemming (tentative, might participate, but will not host. Jeff or Phil will), Susan Kawaguchi, Alan Greenberg |
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Notes/ Action Items Michelle DeSmyter: Welcome to the New gTLD Subsequent Procedures Sub Team – Track 2 Legal/Regulatory Issues call on Thursday, 14 September 2017 at 03:00 UTC for 60 minutes. Michelle DeSmyter: Agenda wiki page: https://community.icann.org/x/9hkhB[community.icann.org] Jeff Neuman: Will we get to 15 participants? Michael Flemming: I'm only logged in on my phone so that must be an imposter me clo: sorry I am on my mobile phone we have lost landline phone lines it seems Michael Flemming: closed generics Michael Flemming: not registrant protection Justine Chew: Do we know if Jannik Skou represents any stakeholder group? Is his (potentially) the only comment from a non-commercial group? Kristina Rosette (Amazon Registry): https://www.linkedin.com/in/jannikskou[linkedin.com]/ Emily Barabas: Jannik Skou SOI: https://community.icann.org/display/gnsosoi/Jannik+Skou+SOI[community.icann.org] Justine Chew: Right, thanks. Then his is not a "community" comment. Justine Chew: @Jeff, yes that's what I wanted to get at. Thanks. Justine Chew: @Avri, thanks for the clarification. Heather Forrest: Norway Jim Prendergast: I agree we need to ask the GAC to clarify. I don't think anyone wants to try and interpret what the GAC says Heather Forrest: International law requires that jurisdictions protect signs 9including generic terms) that have acquired distinctiveness. Justine Chew: Yes, TM protection also based on classes of goods/service. Michael Flemming: yes distinctiveness Trang Nguyen: Implementation of GAC Category 2 Advice (exclusive access) can be viewed at: https://newgtlds.icann.org/en/applicants/advisories/gac-cat2-advice-19mar14-en[newgtlds.icann.org] Heather Forrest: Yes - context is a significant part of consumer recognition Trang Nguyen: There were 12 applicants that stated that it was their intent to operate exclusive access r egistries. ICANN asked those applicants to provide a response for how the proposed exclusive registry access serves a public interest goal. Trang Nguyen: I can't recall how many of the 12 ultimately decided to stay exclusive access. Let me do some checking. Justine Chew: Fine balance between "changing goal-posts" and "moving forward with the times". Kristina Rosette (Amazon Registry): did everyone else just lose audio or just me? Michelle DeSmyter: Jeff, we are not able to hear you Justine Chew: Lost audio Jim Prendergast: hung up instead of unmuting Jim Prendergast: dialing back Jeff Neuman: Thanks Jim. Let us know when you are back in Michael Flemming 2: Our decisions can allow for paths that back track to 2012 applicants Cheryl Langdon-Orr (CLO): no audio in Cheryl Langdon-Orr (CLO): sorry Aug winds playing havock.... Cheryl Langdon-Orr (CLO): Hard to hear Michael Flemming 2: Thanks Jeff, gotta drop Trang Nguyen: Of the 12 that initially indicated they will operate as exclusive registries, 7 withdrew, 1 obtained a Spec 13 (FOOD), the remaining 5 signed the RA, which includes Spec 11. Spec 11 has a provision that says: "Registry Operator of a “Generic String” TLD may not impose eligibility criteria for registering names in the TLD that limit registrations exclusively to a single person or entity and/or that person’s or entity’s “Affiliates” (as defined in Section 2.9(c) of the Registry Agreement). “Generic String” means a string c onsisting of a word or term that denominates or describes a general class of goods, services, groups, organizations or t hings, as opposed to distinguishing a specific brand of goods, services, groups, organizations or things from those of others." Trang Nguyen: sorry about that copy/paste Trang Nguyen: Of the 12 that initially indicated they will operate as exclusive registries, 7 withdrew, 1 obtained a Spec 13 (FOOD), the remaining 5 signed the RA, which includes Spec 11. Spec 11 has a provision that says: "Registry Operator of a “Generic String” TLD may not impose eligibility criteria for registering names in the TLD that limit registrations exclusively to a single person or entity and/or that person’s or entity’s “Affiliates” (as defined in Section 2.9(c) of the Registry Agreement). “Generic String” means a string consisting of a word or term that denominates or describes a general class of goods, services, groups, organizations or things, as opposed to distinguishing a specific brand of goods, services, groups, organizations or things from those of others." Trang Nguyen: Sorry, that should say remaining "4" Trang Nguyen: The 4 are .GROCERY, .DVR, .DATA, .PHONE Justine Chew: @Trang, thanks, useful info. Emily Barabas: Full comment from NORID is available here Trang Nguyen: Safeway's GROCERY was withdrawn. The one that was delegated is from Wal-Mart. Heather Forrest: None, thank you Jeff Kristina Rosette (Amazon Registry): Good night. Justine Chew: Thanks! avri doria: bye |