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When the fantasy of a universal trademark clearance house was floated in the name of protecting existing trademark owners by the opposing lobbies against the global domain name expansion, particularly the gTLD programs, the domain name industry and ICANN quickly accepted the idea. A universal trademark clearance house is perhaps a greatest idea but in reality a fantasy. Today, at ICANN, the best minds are teamed-up and struggling to get the TMHC (Trademark Clearance House) constructed. more
Bowing to unprecedented community pressure in the form of a unanimous letter questioning its staff-developed Accountability Process, as well as a reconsideration request filed with the Board, on September 5th ICANN issued a notice titled "Public Comment Invited: Enhancing ICANN Accountability Process". The notice opens a 21-day public comment period on that staff proposal. However, ICANN staff apparently cannot resist asserting some form of top-down control even what that very conduct is at issue, and the notice and accompanying explanation contain attempts to restrict and unduly channel the scope of community comment. more
Just under 4 years ago and fresh from his world celebrated election win of the White House and the US Presidency on a platform of "Change Has Come To America", newly elected US President Barak Obama packed his bags and headed to Cairo on a strategic vision and mission that included delivering a speech from Cairo University aimed at winning the trust of Arabs and Muslims worldwide... This morning in Toronto, Canada new ICANN President and CEO Fadi Chehadé will also attempt a similar feat that is no less important to the world than that of Obama's 4 years ago. more
With much fanfare last month, Uniregistry announced that proposals for dispute resolution between New TLD applicants in lieu of ICANN's so-called "Auction of Last Resort" posed significant antitrust risks. Their claim of concern was not based on any critical antitrust analysis, but rather on the fact that they had sought a "Business Review" letter from the Antitrust Division of the U.S. Department of Justice (DOJ), and, according to Uniregistry, the DOJ failed to provide them a positive response and discussed the issue with them. more
Transparency and accountability are embedded in ICANN's core values. Indeed, ICANN's Bylaws mandate that "ICANN and its constituent bodies shall operate to the maximum extent feasible in an open and transparent manner ...". Public Interest Registry believes that a dedication to transparency is fundamental to the strength and continued effectiveness of ICANN's multistakeholder model. more
NTIA has published a Notice for Public comment that is titled "The Benefits, Challenges, and Potential Roles for the Government in Fostering the Advancement of the Internet of Things". This could become ICANN-2, bigger, longer, and uncut; and with a much greater impact on the future direction of the internet. However, my thoughts on this go well beyond the possibility of another ICANN. more
We all remember the nightmare of following the multiple versions of the "AGB" from the ICANN new gTLD program, and the time it took to get to the final version, which then took to allowing applicants to submit their new gTLD application, and which then took them to wait for their application to proceed... Welcome to version 0.5 of the next Applicant Guidebook. more
Over the next month, the ICANN Board will consider its options for ensuring that some framework is in place to ensure ICANN's accountability to the global Internet community after the approaching expiration of its Memorandum of Understanding and Joint Project Agreement (MOU/JPA) with the U.S. Department of Commerce. We analyze these options in our new paper... more
On 19 February 2020, ICANN announced that ICANN67 would be held via remote participation out of an abundance of caution associated with the COVID-19 outbreak. Little did we know at the time that twelve months later, ICANN meetings would still be held via remote participation. For a community that has been accustomed to meeting face-to-face at least three times a year since ICANN1 in Singapore in March 1999, this has created a tremendous challenge for how we conduct our business. more
In recent weeks, you may have seen several articles asking that "ICANN", the Internet Corporation for Assigned Names and Numbers, move more expeditiously to open up the next application window for new gTLDs. As one commenter wrote "Ask a Board member or ICANN staff when they expect the next application window to open, and they will inevitably suggest 2020 -- another three years away. more
The ICANN Board resolutions adopted during the retreat in Trondheim, Norway on the 25th of September, 2010, painted yet another question mark for new Top-Level Domains (TLDs), despite its positive outlook. While the Board seems dedicated to resolve all the outstanding issues, applicants were still left in the dark in regards to some key issues that affect the economics of launching new TLDs. more
As we watch the Ukraine and Russia conflict over boundaries and territories, I chanced upon a YouTube video showing the region of Europe and how, for the last 1000 years, national boundaries and names of nations have changed where in 1142, you had nations like Muslim Spain, Kievan Rus. In 1143 the Kievan Rus included modern-day Ukraine and Crimea, and in 1163 bulk of Central and Southern Europe was the Holy Roman Empire... more
The GAC Communiqué recommends that ICANN implement a range of regulations (which the GAC calls "safeguards") for all new generic top-level domains (gTLDs) covering areas ranging from malware to piracy to trademark and copyright infringement. The GAC proposes specific safeguards for regulated and professional sectors covering areas as diverse as privacy and security, consumer protection, fair lending and organic farming. Finally, the GAC proposes a "public interest" requirement for approval of new "exclusive registry access" gTLDs. more
A new book by David Lindsay, an academic at Monash University's Law School and a widely published expert on internet law, intellectual property law and privacy, has recently been published. ...In this path-breaking work the author examines the extent to which principles of national trade mark law have been used in UDRP decisions. It will be essential reading for anyone, whether academic or practitioner, interested in internet law, intellectual property, and e-commerce law. more
ICANN's Board Governance Committee (BGC) today released its comments on recent reconsideration request of dotgay LLC's new top-level domain .GAY application. Kevin Murphy from Domain Incite reports: "ICANN has refused dotgay LLC's latest appeal against adverse .gay decisions, and has taken the unusual step of preemptively defending itself against probably inevitable accusations from gay right groups." more
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