Received: from AME-EXMBX2.americas.global-legal.com ([169.254.2.116]) by AME-EXHUB3.americas.global-legal.com ([10.2.200.177]) with mapi id 14.03.0195.001; Thu, 10 Sep 2015 22:06:43 -0500 From: "Winterfeldt, Brian J." To: "'ctn-crosscom@icann.org'" CC: "'lars.hoffmann@icann.org'" , "Barnett, Griffin M." Subject: Feedback on Use of Three-Letter Names at the Top Level Thread-Topic: Feedback on Use of Three-Letter Names at the Top Level Thread-Index: AQHQ6+xnq84FZOrYIkO7VNwehCiPEw== Date: Fri, 11 Sep 2015 03:06:42 +0000 Message-ID: <1F20FDEAD02C7146AF29F04BAE63D762B1B2F0@AME-EXMBX2.americas.global-legal.com> Accept-Language: en-US Content-Language: en-US X-MS-Exchange-Organization-AuthAs: Internal X-MS-Exchange-Organization-AuthMechanism: 03 X-MS-Exchange-Organization-AuthSource: AME-EXHUB3.americas.global-legal.com X-MS-Has-Attach: X-MS-TNEF-Correlator: Content-Type: multipart/alternative; boundary="_000_1F20FDEAD02C7146AF29F04BAE63D762B1B2F0AMEEXMBX2americas_" MIME-Version: 1.0 --_000_1F20FDEAD02C7146AF29F04BAE63D762B1B2F0AMEEXMBX2americas_ Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: quoted-printable Dear colleagues: Apologies for weighing in so late on this issue, but we have just transitio= ned 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 opt= ions presented regarding the use of three-letter names (including three-let= ter 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 I= SO 3166 list. This would prevent any applications for three-character combinations as gTL= Ds 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, eve= n though they have been assigned. There is no legal basis for government ow= nership, control, or priority over these names. We oppose this option. Three-character strings eligible for use as gTLD if not in conflict with IS= O 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 gTL= Ds 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 thou= gh they have been assigned. We oppose this option. Unrestricted use of three-character strings if not in conflict with any app= licable string similarity rules. This would permit any gTLD applications so long as the string were not conf= usingly 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, ineligib= le for use as gTLD. This would prevent any future applications for three-character IDNs as gTLD= s. 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 co= ntinuing 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 bwinterfeldt@mayerbrown.com 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 gbarnett@mayerbrown.com 202.263.3289 phone 202.830.0333 fax --_000_1F20FDEAD02C7146AF29F04BAE63D762B1B2F0AMEEXMBX2americas_ Content-Type: text/html; charset="us-ascii" Content-Transfer-Encoding: quoted-printable

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 i= nput with respect to the options presented regarding the use of three-letter names (including three-letter country co= des) at the top level.

 

Option

Feedback

All three-character strings reserved for use as ccTLD only, inelig= ible for use as gTLD.

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

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

This would prevent any applications for three-character combinatio= ns 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 ass= igned. There is no legal basis for government ownership, control, or priori= ty over these names. We oppose this option.

Three-character strings eligible for use as gTLD if not in conflic= t 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 combinatio= ns as gTLDs that match any alpha-3 codes, without the relevant government&#= 8217;s consent. There is no legal basis for requiring such consent, and no legal basis for government ownership, contr= ol, or priority over these names. Alpha-3 codes have never been used as act= ive 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 wit= h 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 str= ing. 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 IDN= s 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.<= o:p>

 

Best regards,

 

Brian and Griffin

 

Brian J. Winterfeldt<= o:p>

Co-Head of Global Brand = Management and Internet Practice

Mayer Brown LLP

bwinterfeldt@mayerbrown.= com

1999 K Street, NW  =

Washington, DC  200= 06-1101

202.263.3284 direct dial=

202.830.0330 fax

 =

1221 Avenue of the Ameri= cas

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

gbarnett@mayerbrown.com

202.263.3289 phone

202.830.0333 fax

 

 

 

 

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