22 Describe proposed measures for protection of geographic names at the second and other levels in the applied-for gTLD

Prototypical answer:

Oriental Trading Company, Inc. generally respects and abides by the GAC’s Principles regarding New gTLDs, dated March 28, 2007. In order to comply with the requirements of the Registry Agreement, Specification 5, all Two-character labels (Section 2) and Country and Territory Names (Section 5) will be initially reserved.

However, Oriental Trading Company, Inc. believes that the use of geographic terms can provide great benefit and simplicity to internet users because these terms are intuitive ways to resolve to content that may be specifically relevant and targeted to users in the particular geographic region or users with an interest in the particular geographic region. Oriental Trading Company, Inc. intends to use any Two-character label and⁄or Country or Territory Name domains, and to participate in or implement a process by which any Government may reasonably object to that use. Oriental Trading Company, Inc. envisions a number of possible scenarios for ensuring Government agreement to the use of Country and Territory names. These will be explored in detail with ICANN and the Governmental Advisory Committee to ensure a mutually agreeable solution. Scenarios range from at a minimum; Oriental Trading Company, Inc. informing the Chair of the Governmental Advisory Committee (GAC) to ICANN in writing of its proposed use of geographic terms and provide Governments who wish to do so with an opportunity to block the use of their relevant name in the .PARTY gTLD. Other plausible scenarios would include;

SCENARIO 1 (Letter to GAC):

In advance of any use of geographical names Oriental Trading Company, Inc. will send a letter to the chair of the Governmental Advisory Committee (GAC) informing the GAC of its intention to use geographical names in the .PARTY gTLD. The letter will outline the reasons for using geographical names and provide Governments with the opportunity to contact Oriental Trading Company, Inc. within 90 days to reserve their respective geographical name from use in the TLD. Should a Government inform Oriental Trading Company, Inc. that it wishes to reserve the use of their respective geographical name, the name will remain reserved for the duration of Oriental Trading Company, Inc. ’s registry agreement with ICANN. The opportunity to reserve a name will be offered to Governments free of charge.

SCENARIO 2 (Letter informing individual Governments):

In advance of any use of geographical names Oriental Trading Company, Inc. will send a letter to the Government concerned and inform it of Oriental Trading Company, Inc. ’s intention to use geographical names in the .PARTY gTLD. The letter will outline the reasons for using geographical names and provide the Government with the opportunity to contact Oriental Trading Company, Inc. within 90 days to reserve its respective geographical name from use in the .PARTY gTLD. Should the Government inform Oriental Trading Company, Inc. that it wishes to reserve the use of its respective geographical name, the name will remain reserved for the duration of Oriental Trading Company, Inc. ’s registry agreement with ICANN. The opportunity to reserve a name will be offered to the Government free of charge.

SCENARIO 3 (Letter requesting permission from individual Government):

In advance of any use of geographical names Oriental Trading Company, Inc. will send a letter to the Government concerned and inform it of Oriental Trading Company, Inc. ’s intention to use geographical names in the .PARTY gTLD. The letter will outline the reasons for using geographical names and request the Government’s approval or non-objection to the proposed use of the geographical name. Should the Government not respond to the Oriental Trading Company, Inc. within 90 days, Oriental Trading Company, Inc. will understand this to mean that the Government does not object to Oriental Trading Company, Inc. ’s proposed use of the geographical name. However should the Government at a later stage contact Oriental Trading Company, Inc. and request that the geographical name no longer be used, Oriental Trading Company, Inc. will work in good faith with the Government to try to find a mutually agreeable solution.

Alternatively however should the Government at a later stage contact Oriental Trading Company, Inc. and request that the geographical name no longer be used, Oriental Trading Company, Inc. will work in good faith with the Government to try to find a mutually agreeable solution. If such a solution cannot be found, Oriental Trading Company, Inc. will respect the Government’s wishes and reserve the name from use without cost to the Government concerned. Oriental Trading Company, Inc. will not use geographic names until ICANN has approved such use.
Character Count: 5701 (no attachment) 28 February 2012

Similar gTLD applications: (1)