Anne

I agree with you that there are unsatisfactory aspects in the current thinking on how the Board’s decision on contention resolution could be implemented, but this is not a singular/plural issue per se and certainly should not affect our vote on the Supplemental Recommendation.  Any applicants whose strings are identified as confusingly similar, as a result either of the string similarity evaluation (SSE) or a string confusion objection (SCO) would find themselves in the same position.  This is because staff’s current thinking is that the switch to an alternative string has to happen before reveal day (i.e. before you know who else has applied and for what, so that it cannot influence the decision to switch), and thus before your string has been through SSE, SCO, or the singular/plural notification process. There is no justification for adopting a different approach in respect of strings identified as singulars/plurals to those determined to be confusingly similar in some other manner.  But certainly, in the context of the implementation of the Board’s decision within the IRT, this wider question is one which should be discussed.

 

Susan Payne
Head of Legal Policy
Com Laude
T +44 (0) 20 7421 8250
Ext 255

 

 

 

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From: Anne ICANN via GNSO-SubProPendingRecs-ST <gnso-subpropendingrecs-st@icann.org>
Sent: 17 September 2024 05:24
To: Terri Agnew <terri.agnew@icann.org>
Cc: GNOS Council Mailing List (council@gnso.icann.org) <council@gnso.icann.org>; GNSO-Secs <gnso-secs@icann.org>; gnso-subpropendingrecs-st@icann.org
Subject: [GNSO-SubProPendingRecs-ST] Re: [council] Re: Motion on Singulars & Plurals

 

Well, it appears that the Board action in favor of submission of an alternate string at the time of application in order to create the ability to work around a Contention Set applies only where the strings are identical.  So this would not help the situation where there is submission of a singular and a plural in the same language, resulting in a contention set if the Supplemental Recommendation is adopted.

 

It seems it would make a great deal of sense for applicants who are submitting new singulars and plurals in the next round to be able to have this same remedy available.  Currently, it appears that only .brands would be able to change their string under the String Change provisions of the Sub Pro Final Report in the case of new conflicting singulars and plurals if the Supplemental Recommendation is adopted by the Board.

 

 

Anne

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2026

 

 

On Mon, Sep 16, 2024 at 8:54 AM Anne ICANN <anneicanngnso@gmail.com> wrote:

Thanks Paul and all for the modification to the Motion.  In addition, the Board's recent pronouncement regarding giving applicants permission to submit alternate strings at the time of application will help this situation.  So, for example, when submitting a string that is a singular or a plural, the applicant could submit an alternate string which contains a second word, e.g. .myliberty for the insurance brand and/or .ourliberties for civil liberty discussions.  Of course these alternate strings, if submitted with the application, would still be subject to all the other existing procedures, e.g. String Confusion Objection.

 

Hopefully my interpretation of the Board policy on auctions is correct, but if not, I'm sure this will be discussed in our new AOB item at Council later this week.  Applicants will have to think about submitting alternate strings at the time of application - certainly a step forward in Applicant Freedom of Expression, no matter what you may think about the subject of private auctions.

 

Anne

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2026

 

 

On Thu, Sep 12, 2024 at 11:11 AM Terri Agnew <terri.agnew@icann.org> wrote:

Hello all,

 

Thank you very much. The motion resolved has been updated on the wiki page.

 

RESOLVED,

  1. The GNSO Council approves the Supplemental Recommendation for the non-adopted SubPro recommendations related to Topic 24: String Similarity Evaluations set forth on Annex 1 and instructs the GNSO Secretariat to transmit the Supplemental Recommendation to the ICANN Board.
  2. The GNSO Council has been made aware of Minority and Plurality Views to the Supplemental Recommendation and, while not adopted by the Council, instructs the GNSO Secretariat to transmit these views to the ICANN Board for the Board’s information.

 

All the best,

 

Terri

 

From: Paul McGrady <paul@elstermcgrady.com>
Date: Thursday, September 12, 2024 at 12:10 PM
To: Justine Chew <justine.chew.icann@gmail.com>
Cc: Tomslin Samme-Nlar <mesumbeslin@gmail.com>, Anne ICANN <anneicanngnso@gmail.com>, "GNOS Council Mailing List (council@gnso.icann.org)" <council@gnso.icann.org>, GNSO-Secs <gnso-secs@icann.org>, ""gnso-subpropendingrecs-st@icann.org"" <gnso-subpropendingrecs-st@icann.org>
Subject: RE: [council] Re: Motion on Singulars & Plurals

 

Terri,

 

For clarity, here is the friendly amendment version which Susan as seconder is OK with I believe (note: this is Justine’s iteration which I like better than mine):

 

  1. The GNSO Council approves the Supplemental Recommendation for the non-adopted SubPro recommendations related to Topic 24: String Similarity Evaluations set forth on Annex 1 and instructs the GNSO Secretariat to transmit the Supplemental Recommendation to the ICANN Board.

2. The GNSO Council has been made aware of Minority and Plurality Views to the Supplemental Recommendation and, while not adopted by the Council, instructs the GNSO Secretariat to transmit these views to the ICANN Board for the Board’s information.

Best,

Paul

 

 

 

From: Paul McGrady
Sent: Thursday, September 12, 2024 8:27 AM
To: Justine Chew <justine.chew.icann@gmail.com>
Cc: Tomslin Samme-Nlar <mesumbeslin@gmail.com>; Anne ICANN <anneicanngnso@gmail.com>; GNOS Council Mailing List (council@gnso.icann.org) <council@gnso.icann.org>; GNSO Secs <gnso-secs@icann.org>; "gnso-subpropendingrecs-st@icann.org" <gnso-subpropendingrecs-st@icann.org>
Subject: RE: [council] Re: Motion on Singulars & Plurals

 

Thanks Justine.  I’m happy with that wordsmith.

 

Best,

Paul

 

 

From: Justine Chew <justine.chew.icann@gmail.com>
Sent: Thursday, September 12, 2024 7:25 AM
To: Paul McGrady <paul@elstermcgrady.com>
Cc: Tomslin Samme-Nlar <mesumbeslin@gmail.com>; Anne ICANN <anneicanngnso@gmail.com>; GNOS Council Mailing List (council@gnso.icann.org) <council@gnso.icann.org>; GNSO Secs <gnso-secs@icann.org>; "gnso-subpropendingrecs-st@icann.org" <gnso-subpropendingrecs-st@icann.org>
Subject: Re: [council] Re: Motion on Singulars & Plurals

 

Dear Paul,

 

Re: your Resolved 2, did you mean to say as follows?

 

2. The GNSO Council has been made aware of Minority and Plurality Views to the Supplemental Recommendation and, while not adopted by the Council, instructs the GNSO Secretariat to transmit these views to the ICANN Board for the Board’s information.

 


Kind regards,
Justine
---------

 

On Thu, 12 Sept 2024, 05:00 Paul McGrady via council, <council@icann.org> wrote:

Thanks Tomslin.  Thanks Anne.

 

I have no problem with the concept of sending these along – nothing to hide or be ashamed of.  We had all but 2 get on board, pretty good!  But I find the method confusing. As written, I’m concerned that the Board might think that we, as a Council, have made these views part of the Recommendation.  How about:

 

  1. The GNSO Council approves the Supplemental Recommendation for the non-adopted SubPro recommendations related to Topic 24: String Similarity Evaluations set forth on Annex 1 and instructs the GNSO Secretariat to transmit the Supplemental Recommendation to the ICANN Board.
  2. The GNSO Council has been made aware of the Minority and Plurality Views and, while not adopted by the Council, instructs the GNSO Secretariat to transmit the Supplemental Recommendation to the ICANN Board for the Board’s information.

Best,

Paul

 

 

From: Tomslin Samme-Nlar <mesumbeslin@gmail.com>
Sent: Wednesday, September 11, 2024 3:54 PM
To: Anne ICANN <anneicanngnso@gmail.com>
Cc: Paul McGrady <paul@elstermcgrady.com>; GNOS Council Mailing List (council@gnso.icann.org) <council@gnso.icann.org>; gnso-secs@icann.org; gnso-subpropendingrecs-st@icann.org
Subject: Re: [council] Re: Motion on Singulars & Plurals

 

Hi councilors,

 

I'd like to support the friendly amendment put forward by Anne, in the spirit of letting the Board know the discussions that took place, like we discussed in our August council meeting.

 

Warmly,

Tomslin

 

 

 

On Wed, 11 Sept 2024 at 00:23, Anne ICANN via council <council@icann.org> wrote:

Thank you Paul and all team members as well as staff!.  I propose a friendly amendment to the Motion as shown below in red:

 

  1. The GNSO Council approves the Supplemental Recommendation for the non-adopted SubPro recommendations related to Topic 24: String Similarity Evaluations set forth on Annex 1 and instructs the GNSO Secretariat to transmit the Supplemental Recommendation (with Minority and Plurality Views) to the ICANN Board.

I am advised that per the ByLaws, even though I am non-voting, I can suggest this friendly amendment and I think that is the intention of the Motion - just want to make sure the Council is on record about that.

Anne

 

Anne Aikman-Scalese

GNSO Councilor

NomCom Non-Voting 2022-2026

 

 

On Mon, Sep 9, 2024 at 7:55 AM Paul McGrady via council <council@icann.org> wrote:

Dear Fellow Councilors,

 

It is with great happiness that I attach the motion from the Small Team Plus on the issue of Singulars & Plurals. I’m looking forward to our discussion on this motion, and hopefully positive vote, on our next Council call.

 

I would like to commend the diligent work of the members of the Small Team Plus in reaching a conclusion to our work. I’d also like to say a special thank you to Julie Hedlund and Steve Chan for helping us get this across the finish line.  Both are tireless and creative and we are lucky to have them.

 

Best,

Paul

 

 

Paul McGrady

Partner

Elster & McGrady

3847 N. Lincoln Avenue

Second Floor

Chicago, IL 60613

 

 

Office Direct: +1 (312) 515-4422

paul@elstermcgrady.com

www.elstermcgrady.com

 

Download Contact Information and Read Bio

 

 

 

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