Documents provided by trademark attorneys for International Olympic Committee & Red Cross for NCSG consideration:
"Thank you all for taking the time to speak with me in Dakar regarding the Governmental Advisory Committee's proposal to protect Olympic and Red Cross terminology in the new generic Top-Level Domains.
As promised, I have attached informational materials on the global, humanitarian mission of the International Olympic Committee (IOC), including:
- A letter from Mr. Urs Lacotte, IOC Director General, and Mr. Howard M. Stupp, IOC Legal Affairs Director, to Mr. Kurt Pritz, ICANN Senior Vice President of Services, dated February 1, 2011. The letter describes the IOC's humanitarian philosophy and summarizes the global humanitarian efforts of the Olympic Movement.
- The index to Mr. Lacotte and Mr. Stupp's February 1, 2011 letter to Mr. Pritz. The index contains numerous hyperlinks to detailed information about the global humanitarian efforts of the Olympic Movement.
I have also attached two statutes to address specific concerns stated on the Non-Commercial Users Constituency public email list serve:* An English translation of the Greek Olympic statute, which protects the words “Olympiakos,” “Olympiad” and “any other relevant terms in Greek or any language” and extends protection to “the use of these terms as domain names on the internet.”
- A copy of the Olympic Insignia Protection Act of 1987 in Australia. On page twenty-two of this Australian law, the words “Olympic, Olympics, Olympic Games, Olympiad” and “Olympiads,” as well as any variations “closely resembling” these words, are specifically protected.
Finally, in response to questions and concerns regarding the Nairobi Treaty, I have attached a letter from the Governmental Advisory Committee to the Generic Names Supporting Organization Council dated October 27, 2011. In the letter the Committee explains:
As the IOC has stated to ICANN counsel, "[T]he Nairobi Treaty on Protection of the Olympic Symbol obligates all participating nations to protect the Olympic Symbol the five interlocking rings against any commercial use without the express authorization of the IOC. The Nairobi Treaty demonstrates that 65 signatory nations, including 48 contracting parties, are dedicated to protecting the Olympic rings and also the Olympic properties generally - in recognition of the unique nature of the Olympic movement.” Letter from Urs LaCotte and Howard M. Stupp to Kurt Pritz and Amy Stathos, available at http://www.icann.org/en/correspondence/lacotte-stupp-to-pritz-stathos-01feb11-en.pdf(February 1, 2011). "The Nairobi Treaty protects the Olympic Symbol the five interlocking rings - rather than the words OLYMPIC or OLYMPIAD. The Treaty demonstrates the international breadth of legal protection enjoyed by the Olympic movement. The treaty shows that unique protection for the Olympic words and symbols is an internationally accepted principle of law that should be applied to the domain name system.” Letter from Howard M. Stupp to Kurt Pritz and Amy Stathos, available at (athttp://www.icann.org/en/correspondence/stupp-to-pritz-stathos-04apr11-en.pdf)http://www.icann.org/en/correspondence/stupp-to-pritz-stathos-04apr11-en.pdf (athttp://www.icann.org/en/correspondence/stupp-to-pritz-stathos-04apr11-en.pdf) (April 4, 2011).
We hope that these materials will help to alleviate your concerns and those of your constituency members with the Governmental Advisory Committee's proposal to the Generic Names Supporting Organization on protection of Olympic and Red Cross terminology.
Please share these informational materials with your constituency members and please let me know if you or the Non-Commercial Stakeholder's Group have any follow up questions.
Phillip V. Marano
Silverberg, Goldman & Bikoff, L.L.P.