RE: [wg-b] Protections for Noncommercial gTLDs.

["Rothnie, Warwick" <Warwick.Rothnie@msj.com.au>]

Mallesons Stephen Jaques
Confidential communication
 
Please see comments (in capitals to differentiate) below:

Warwick A Rothnie
Partner
Mallesons Stephen Jaques Melbourne
Direct line (61 3) 9643 4254
Fax (61 3) 9643 5999


-----Original Message-----
From: KathrynKL@aol.com [mailto:KathrynKL@aol.com]
Sent: Saturday, 15 April 2000 2:26:PM
To: wg-b@dnso.org
Subject: [wg-b] Protections for Noncommercial gTLDs.


1)      The noncommercial gTLD is proposed by a registry should be accepted 
as a    noncommercial gTLD provided it does not seem outrageous on its face 
[.BIZ seems     commercial on its face and could be questioned.  .UNION, if 
proposed as     noncommercial, appears to be noncommercial and has no basis 
for being questioned.]

WHY IS .UNION "NON COMMERCIAL": WHAT COULD BE MORE "COMMERCIAL" THAN GROUPS
OF
EMPLOYEES BANDING TOGETHER TO DEFEND/PURSUE THEIR OBJECTIVES VIS A VIS THEIR
EMPLOYERS?

 
3)  Provided the gTLD is meeting its goal of serving organizations and/or 
individuals     engaged in noncommercial speech and activity, financial 
activity in the use of the gTLD     cannot be barred or limited.  Many forms

of noncommercial speech engage in limited   forms of financial solicitation 
-- solely as a necessary form of support for the    noncommercial speech.
By 
law, solicitation of these funds does not change the    underlying
character 
or nature of the noncommercial activity or speech and cannot be     subject 
to  review or limitation by ICANN or the registries within the noncommercial

gTLDs. 

THIS SEEMS VERY DANGEROUS AND SUGGESTS THAT THE
"NON-COMMERCIAL"/"COMMERCIAL" 
DICHOTOMY IS NOT WORKABLE.  THE ISSUE HERE IS THE WAY IN WHICH THE DOMAIN
NAME 
IS USED (AND HOW KEEPING THE NON-COMMERCIAL DOMAIN TO ITS "PURPOSE" CAN BE
POLICED.
FOR EXAMPLE, IF SOMEONE SET UP AMAZON.FAMILY OR AMAZON.UNION AND
"INCIDENTALLY" 
OPERATED A BOOK SELLING SERVICE THROUGH THAT SITE, WHY SHOULDN'T AMAZON.COM
BE ABLE
TO OBJECT?  DO MOST USERS OF THE INTERNET CARE TWO HOOTS ABOUT WHAT TLD IS
ATTACHED
TO THE BRAND?

4)  The Registry agrees that trademark protections incorporated now or in
the 
future to   commercial gTLDs do not apply to its Noncommercial gTLDs.  
SEE ABOVE AND BELOW.

Conclusion:  Lack of public accessibility and awareness, as well as the
ICANN 
Uniform Dispute Resolution Policy and US  Anticybersquatting Legislation,  
will provide strong and effective community and legal enforcement mechanisms

to shut down inappropriate commercial activity that may migrate to the 
noncommercial gTLDs.  

HOW DOES THE ICANN UDRP APPLY IF RULE 3 IS THAT TRADE MARK
PROTECTIONS DO NOT APPLY?