Via First Class Mail
Nils Victor Montan WARNER BROS.
Vice President
Senior Intellectual Property Counsel 4000 Warner Boulevard
Burbank, California 91522
(818) 954 -7494 Fax: (818) 954 - 4501
October 8,1998
The Honorable William M. Daley
Secretary of Commerce
c/o Karen Rose
Office of International Affairs
Room 471
National Telecommunication and Information Administration
United States Department of Commerce
14th and Constitution Avenue, N.W.
Washington, D.C. 20230
Re: Internet Corporation for Assigned Names and Numbers (ICANN)
Dear Secretary Daley;
I am writing you on behalf of Warner Bros., a division of TimeWarner Entertainment Company, LP, to express our deep concern with the proposed list of interim board members for the Board of the not-for-profit corporation designed to administer the policy of the internet domain and address system, the Internet Corporation for Assigned Names and Numbers (ICANN).
As you may know, the Administration's "White Paper"on this subject specifically anticipated that the new corporation's Board of Directors would include representatives of, among others, international trademark holders. Time Warner has been an active participant in the Domain Name process and I personally testified before the WIPO panel of Experts on September 23, 1998 on the topic.
The proposed list of the ICANN interim board members which has been circulated does not contain any international trademark owners as envisioned by the Administration's "'White Paper." As far as we can tell, none of the nine members has any kind of background in trademark law or has held a position which would lead him or her to appreciate the important role brand identity will play in the emerging electronic global market place.
As a significant internet participant, and as the owner of numerous internationally well-known trademarks, we believe that without such expertise on the interim board, the concerns of trademark owners will not be adequately represented and we will run the risk of creating a system which will, in fact, inhibit the growth of the internet as a form of electronic commerce.
Accordingly, we ask you to reconsider the list of interim board members and to consider placing on the board a reasonable number of representatives of the international trademark owning community.
Thank you for your time and considering this letter.
Very truly yours,
Nils Victor Montan
cc: Ira C. Magaziner
Ms. Anne E. Derse
Counselor for Economic Affairs
Ambassade des Etats-Unis
Bld du Régent, 27
1000 BRUXELLES
I B P T
Dear Anne,
Thank you for you fax asking for comments on the most recent proposals with respect to the new system for the management of Internet domain names.
As far as the BIPT is concerned, we still have a few concerns about the new ICANN proposal especially for what regards references to international law, to applicable international conventions and to local law in the new Article 4 referring to non-US jurisdictions. At European level we deem necessary to be able to keep applying European and National laws and to have them recognized by ICANN when acting outside of the US.
For what regards the Bylaws, we think necessary to provide for the possibility to introduce competition into the DNS market especially for what concerns new gTLDS.
We would also welcome the possibility to have Advisory Committees, especially one dealing with Public Policy since we think that public interest must be taken into account in the development of Internet.
In a general way, we agree with the position adopted by the European Commission and with the proposals it tables in its meeting with representatives of the US Government .
Sincerely,
Eric VAN HEESVELDE,
General Administrator