Dear All,
Please find the attendance and recording of the call attached to this email. The AC recording and AC Chat are listed below for the New gTLD Subsequent Procedures Sub Team – Track 2 – Legal/Regulatory Issues held on Thursday, 14 September 2017 at 03:00 UTC.
Adobe Connect recording : https://participate.icann.org/p18nw3eloxp/
The recordings of the calls are posted on the GNSO Master Calendar page: http://gnso.icann.org/en/group-activities/calendar
** Please let me know if your name has been left off the list **
Mailing list archives: http://mm.icann.org/pipermail/gnso-newgtld-wg-wt2
Agenda Wiki page: https://community.icann.org/x/9hkhB
Thank you.
Kind regards,
Michelle
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Adobe Connect chat transcript for 14 September 2017
Michelle DeSmyter:Welcome to the New gTLD Subsequent Procedures Sub Team – Track 2 Legal/Regulatory Issues call on Thursday, 14 September 2017 at 03:00 UTC for 60 minutes.
Michelle DeSmyter:Agenda wiki page: https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_9hkhB&d=DwIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=8_WhWIPqsLT6TmF1Zmyci866vcPSFO4VShFqESGe_5iHWGlBLwwwehFBfjrsjWv9&m=5NatGh4BgzA-POFAy6_OCDhu0lujKGTXeD3PaGBRxN8&s=m9SERfdwoFfC7OYAUL1PMT4uutjgecOFJpMWB8jgUt4&e=
Jeff Neuman:Will we get to 15 participants?
Michael Flemming:I'm only logged in on my phone so that must be an imposter me
clo:sorry I am on my mobile phone we have lost landline phone lines it seems
Michael Flemming:closed generics
Michael Flemming:not registrant protection
Justine Chew:Do we know if Jannik Skou represents any stakeholder group? Is his (potentially) the only comment from a non-commercial group?
Kristina Rosette (Amazon Registry):https://urldefense.proofpoint.com/v2/url?u=https-3A__www.linkedin.com_in_jannikskou_&d=DwIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=8_WhWIPqsLT6TmF1Zmyci866vcPSFO4VShFqESGe_5iHWGlBLwwwehFBfjrsjWv9&m=5NatGh4BgzA-POFAy6_OCDhu0lujKGTXeD3PaGBRxN8&s=7P8M-7KHhx0V1gwYTqvHlka9lz6RjFyVq44wSBjev9M&e=
Justine Chew:Right, thanks. Then his is not a "community" comment.
Justine Chew:@Jeff, yes that's what I wanted to get at. Thanks.
Justine Chew:@Avri, thanks for the clarification.
Heather Forrest:Norway
Jim Prendergast:I agree we need to ask the GAC to clarify. I don't think anyone wants to try and interpret what the GAC says
Heather Forrest:International law requires that jurisdictions protect signs 9including generic terms) that have acquired distinctiveness.
Justine Chew:Yes, TM protection also based on classes of goods/service.
Michael Flemming:yes distinctiveness
Trang Nguyen:Implementation of GAC Category 2 Advice (exclusive access) can be viewed at: https://urldefense.proofpoint.com/v2/url?u=https-3A__newgtlds.icann.org_en_applicants_advisories_gac-2Dcat2-2Dadvice-2D19mar14-2Den&d=DwIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=8_WhWIPqsLT6TmF1Zmyci866vcPSFO4VShFqESGe_5iHWGlBLwwwehFBfjrsjWv9&m=5NatGh4BgzA-POFAy6_OCDhu0lujKGTXeD3PaGBRxN8&s=qqu2ivanYpgfctUra76x5wU_C32cuItbRXSKNby4apE&e=
Heather Forrest:Yes - context is a significant part of consumer recognition
Trang Nguyen:There were 12 applicants that stated that it was their intent to operate exclusive access registries. ICANN asked those applicants to provide a response for how the proposed exclusive registry access serves a public interest goal.
Trang Nguyen:I can't recall how many of the 12 ultimately decided to stay exclusive access. Let me do some checking.
Justine Chew:Fine balance between "changing goal-posts" and "moving forward with the times".
Kristina Rosette (Amazon Registry):did everyone else just lose audio or just me?
Michelle DeSmyter:Jeff, we are not able to hear you
Justine Chew:Lost audio
Jim Prendergast:hung up instead of unmuting
Jim Prendergast:dialing back
Jeff Neuman:Thanks Jim. Let us know when you are back in
Michael Flemming 2:Our decisions can allow for paths that back track to 2012 applicants
Cheryl Langdon-Orr (CLO):no audio in
Cheryl Langdon-Orr (CLO):sorry Aug winds playing havock....
Cheryl Langdon-Orr (CLO):Hard to hear
Michael Flemming 2:Thanks Jeff, gotta drop
Trang Nguyen:Of the 12 that initially indicated they will operate as exclusive registries, 7 withdrew, 1 obtained a Spec 13 (FOOD), the remaining 5 signed the RA, which includes Spec 11. Spec 11 has a provision that says: "Registry Operator of a “Generic String” TLD may not impose eligibility criteria for registering names in the TLD that limit registrations exclusively to a single person or entity and/or that person’s or entity’s “Affiliates” (as defined in Section 2.9(c) of the Registry Agreement). “Generic String” means a string consisting of a word or term that denominates or describes a general class of goods, services, groups, organizations or things, as opposed to distinguishing a specific brand of goods, services, groups, organizations or things from those of others."
Trang Nguyen:sorry about that copy/paste
Trang Nguyen:Of the 12 that initially indicated they will operate as exclusive registries, 7 withdrew, 1 obtained a Spec 13 (FOOD), the remaining 5 signed the RA, which includes Spec 11. Spec 11 has a provision that says: "Registry Operator of a “Generic String” TLD may not impose eligibility criteria for registering names in the TLD that limit registrations exclusively to a single person or entity and/or that person’s or entity’s “Affiliates” (as defined in Section 2.9(c) of the Registry Agreement). “Generic String” means a string consisting of a word or term that denominates or describes a general class of goods, services, groups, organizations or things, as opposed to distinguishing a specific brand of goods, services, groups, organizations or things from those of others."
Trang Nguyen:Sorry, that should say remaining "4"
Trang Nguyen:The 4 are .GROCERY, .DVR, .DATA, .PHONE
Justine Chew:@Trang, thanks, useful info.
Emily Barabas:Full comment from NORID is available here: https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_spreadsheets_d_1tcWZt1bdoYH7vJl2Yi9G0jah7QzyhqU99tXnl3qV0rc_edit-23gid-3D1963024039&d=DwIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=8_WhWIPqsLT6TmF1Zmyci866vcPSFO4VShFqESGe_5iHWGlBLwwwehFBfjrsjWv9&m=5NatGh4BgzA-POFAy6_OCDhu0lujKGTXeD3PaGBRxN8&s=VZSMgalZMo--OttD8W15b-trWEbbjscQZ7aknhV_l4E&e=
Trang Nguyen:Safeway's GROCERY was withdrawn. The one that was delegated is from Wal-Mart.
Heather Forrest:None, thank you Jeff
Kristina Rosette (Amazon Registry):Good night.
Justine Chew:Thanks!
avri doria:bye