Re: [council] FW: GNSO Council discussion Spec 13

[John Berard <johnberard@xxxxxxx>]

Volker,

Thanks for copying Philip and Martin on this.  I will await their response!

Berard
 

-----Original Message-----
From: Volker Greimann <vgreimann@xxxxxxxxxxxxxxx>
To: John Berard <john@xxxxxxxxxxxxxxxxxxx>
Cc: philip <philip@xxxxxxxxxxxxxxxxxxxxxx>; martinsutton 
<martinsutton@xxxxxxxx>; council <council@xxxxxxxxxxxxxx>; jrobinson 
<jrobinson@xxxxxxxxxxxx>
Sent: Tue, Apr 15, 2014 7:40 am
Subject: Re: [council] FW: GNSO Council discussion Spec 13


          
    Hi John,
    
    assuming .HSBC opts for the spec, registers a bunch of domain names    
where there are TMCH records by other parties and later decides to    go open, 
should they get to keep the domain names that they have    registered 
circumventing the Sunrise requirement by using the Spec?    
    
    Volker
    
    
    
      
Volker,
      
You have confused me.
      
Are you saying, for example, .HSBC (using Martin        Sutton here!) launching 
as a dotBRAND might distribute names        that might otherwise go in a 
Sunrise for trademark holders? 
      
And if .HSBC switches to general availability down        the road, those names 
will have been registered in circumvention        of a Sunrise?
      
But if HSBC allows its customers use of their name        (e.g., BBC.HSBC or 
Orange.HSBC) aren't they the proper        registrants in any regime?
      
I am having a hard time finding the problem to be        solved.
      
Help me understand.
      
Berard 
      
On Apr 15, 2014 1:36 AM, Volker Greimann        <vgreimann@xxxxxxxxxxxxxxx> 
wrote:
        
                    As obligatory Sunrise is the baby of the IPC and BC, I had  
        expected them to pick up on this issue as well. 
          
          IIRC, if a dotBrand gives up exclusivity, it loses the          
dotBrand status and the benefits of the spec. If would have to          allow 
all registrars to get accredited and execute a sunrise.          However, at 
that time, the damage may have already been done          as the delayed 
sunrise may have become a farce if the RO          already registered to its 
name all names that would be          eligible for sunrise prior to giving up 
exclusivity. It would          be akin to something that ICANN has been denying 
to other          applicants, such as geoTLDs, essentially allowing the 
registry          an unlimited period of exclusivity to reserve domain names to 
         itself and a select circle of affiliates and licensees before          
a sunrise would be applicable.
          
          I am not opposing the spec as it stands today, but I am          
pointing out the loopholes that may lead to abuse.
          
          Volker
          
          
          
          
Am 15.04.2014 09:01, schrieb            Jonathan Robinson:
          
          
                                                
              
All,
              
 
              
Please                  see note below from Philip Sheppard.
              
 
              
Jonathan
              
 
              
                
                  
From: BRG [mailto:philip@xxxxxxxxxxxxxxxxxxxxxx]                      
                      Sent: 14 April 2014 17:03
                      To: jonathan.robinson@xxxxxxxxxx
                      Subject: GNSO Council discussion Spec 13
                
              
              
 
              
                
Jonathan,
              
              
                
I                    noted that Klaus on the Council list asked this            
        question:
              
              
                
BTW: what happens if a brand                    gTLD decides down the road to 
give up exclusivity                      and become available for general use, 
at some                      point that might make perfect business sense.
              
              
                
 
              
              
                
As                      I cannot post to Council, perhaps you would do so       
               for me.
              
              
                
 
              
              
                
Its                      a legitimate question and one also asked by ICANN      
                legal staff.
              
              
                
The                      answer is in other provisions of Spec 13. In the       
               circumstances described by Klaus, all of Spec 13                 
     would immediately no longer apply, and the default                      RA 
would apply instead.
              
              
                
 
              
              
                
Philip
              
              
                
 
              
              
                
 
              
              
Philip                  Sheppard
              
Director                  General
              
Brand                  Registry Group
              
www.brandregistrygroup.org                
              
Skype                  phsheppard