RE: [wg-b] Common Ground

[Tom Barrett <tom.barrett@netnames.com>]

Phil,
 
First, I applaud the work you and Kathy are doing to move this issue
forward.  I agree with your aproach for simplifying the issue as much as
possible.  Here are my initial comments:
 
- I agree with Steve Hartman that this doesn't address the famous trademark
issue.  Nonetheless, it does provide a good framework for discussing new
gTLD's
- Interestingly, many of the principles are common with attributes of brand
names.  If a business does not do a good job with branding, it typically
does not survive.
- One concern I have is that these principles be used as "screening
criteria" for new gTLD's.  Like domain names, a TLD quickly becomes a brand.
Brands share attributes such as Trust, Honesty, Semantics in the eyes of
their target audience.  But these associations are established over time and
did not necessarily possess the characteristics at birth.  In other words, I
should be able to create a three letter string and establish a meaningful
semantic overtime.
- Since a gTLD takes on the attributes of a brand name, can it be
trademarked?

1. Trust - a gTLD should give the net user confidence that it stands for
what it purports to stand for. 
 
Response: as with a brand, a gTLD will not successful without this.
 
 2. Semantics - a gTLD should be meaningful in a language with a significant
number of net users. 
 
Response: I don't know why this is critical.  The best brands are "coined"
or made up words.  The meaning is built over time.
 
 3. Findability - a gTLD should assist a net user to find a particular
domain
name. 
 
Response: again a branding issue.  The context of the gTLD determines its
target audience.
 
 4. Differentiation - a gTLD should differentiate from all other gTLDs so as
not to confuse net users. 
 
Response: Does this mean within a certain context or across all gTLD's?
Let's make sure that existing TLD's are not accorded special rights merely
by being there first.  i.e. you cannot have a dot-nom because it is too
close to dot-com.
 
 5. Honesty - a gTLD should not unnecessarily increase opportunities for
malicious or criminal elements who wish to defraud net users. 
 
Response: agree. 
 
 6. Simplicity - a gTLD should not impose an overly bureaucratic procedure
on
a registry. 
 
Response: This seems to an area of differentation.  Some gTLD's may want to
be bureaucratic (similar to some cctld's today).
 
7. Competition - new gTLDs should foster competition in the domain name
space. 
 
Response: agree
 
8. Diversity - new gTLDs should foster the expression of views, both
commercial and non-commercial. 
 
Response: agree
 
 9. Multiplicity - new gTLDs should become available as needed to meet the
needs of an expanding Internet community. 
 
 Response: agree
 
 
How about the following?
 
10. Reliability.  new gTLD's must provide sufficient technical
infrastructure for high availability
 
11. Data Access.  new gTLD's should clearly define and provide access to the
list of domain names registered in the gTLD