Subject: Feedback on Use of Three-Letter Names at the Top Level
From: "Winterfeldt, Brian J." <[email-masked]>
To: "[email-masked]'" <[email-masked]>
Cc: "[email-masked]'" <[email-masked]>, "Barnett, Griffin M." <[email-masked]>
Date: Fri, 11 Sep 2015 03:06:42 +0000

Dear colleagues:

Apologies for weighing in so late on this issue, but we have just transitioned to a new law firm and are only just now able to return our focus to the work of this Working Group.  Please find our input with respect to the options presented regarding the use of three-letter names (including three-letter country codes) at the top level.

Option

Feedback

All three-character strings reserved for use as ccTLD only, ineligible for use as gTLD.

This would prevent any future applications for three-character combinations as gTLDs. We oppose this option.

Three-character strings eligible for use us gTLDs if not in conflict with ISO 3166 list.

This would prevent any applications for three-character combinations as gTLDs that match any alpha-3 codes, reflecting the current status quo. Alpha-3 codes have never been used as active TLDs by any country or territory, even though they have been assigned. There is no legal basis for government ownership, control, or priority over these names. We oppose this option.

Three-character strings eligible for use as gTLD if not in conflict with ISO 3166 list unless accompanied by documentation of support or non-objection from the relevant government or public authorities.

This would prevent any applications for three-character combinations as gTLDs that match any alpha-3 codes, without the relevant government's consent. There is no legal basis for requiring such consent, and no legal basis for government ownership, control, or priority over these names. Alpha-3 codes have never been used as active TLDs by any country or territory, even though they have been assigned. We oppose this option.

Unrestricted use of three-character strings if not in conflict with any applicable string similarity rules.

This would permit any gTLD applications so long as the string were not confusingly similar to another previously-delegated or applied-for string. This is the most logical and legally-sound option. We support this option.

Future three-character strings reserved for use as IDN ccTLD only, ineligible for use as gTLD.

This would prevent any future applications for three-character IDNs as gTLDs. We oppose this option.

Unrestricted use of three-character IDN strings if not in conflict with an existing TLD or any applicable string similarity rules.

This would permit any IDN gTLD applications so long as the string were not confusingly similar to another previously-delegated or applied-for string. This is the most logical and legally-sound option. We support this option.

We hope this input is valuable to the Working Group.  We look forward to continuing to engage in this work going forward.

Best regards,

Brian and Griffin

Brian J. Winterfeldt

Co-Head of Global Brand Management and Internet Practice

Mayer Brown LLP

[email-masked]<mailto:[email-masked]>

1999 K Street, NW

Washington, DC  20006-1101

202.263.3284 direct dial

202.830.0330 fax

1221 Avenue of the Americas

New York, New York  10020-1001

212.506.2345 direct dial

Griffin M. Barnett

Staff Attorney

Mayer Brown LLP

1999 K Street, NW

Washington, DC  20006

[email-masked]<mailto:[email-masked]>

202.263.3289 phone

202.830.0333 fax