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This last article on the four new gTLD objections will look at the Legal Rights Objection ("LRO"). While other articles in this series have touched on trademark concepts at certain points, issues from that area of the law predominate in LRO. Here we review the pertinent LRO-related trademark concepts, with which many readers likely will have some familiarity from working with domains and the UDRP. Still, the theme of the first three articles applies here: Potential objections are more involved and complicated than they may seem, and require careful thought if they are to be made. more
Last week ICANN took another very significant step forward in the expansion of the internet by approving the delegation of a number of Chinese script IDN ccTLDs. Although we have all heard statements that portray the introduction of IDN ccTLDs as being perhaps the single most important factor in the achievement of ICANN's "One World, One Internet" vision, we should take a moment to appreciate the true significance of this latest round of IDN ccTLD approvals. more
If the timeline for turn-around of clarifying questions (CQs) remains two-weeks, the long pole in your CQ tent is likely to be revising your Q50 letter of credit or escrow agreement to meet the ICANN requirements. Based upon ICANN comments, it appears that many applicants are having trouble meeting the specific letter of credit (LOC) or escrow agreement language. To remedy this ICANN should consider publishing what it considers acceptable language for an LOC or escrow agreement. more
ICANN has recently published a number of updates to the implementation program for new gTLDs. One of these updates is a paper by ICANN's "auction design consultant PowerAuctions LLC". The document makes a case for an auction to be held for the "resolution of contention among competing new gTLD applicants for identical or similar strings." In other words, two (or more) applicants for ".bank", or applicants for ".bank" and ".banks."... more
The current .NET Registry Agreement between ICANN and VeriSign is due to expire on 30 June 2011. On April 11 2011 ICANN posted a proposed draft renewal agreement for public comment. Under the terms of the existing agreement, which contracted a 6 year term starting July 1 2005, renewal is automatic unless VeriSign commits some egregious breach of terms. more
ICANN is barking up a number of wrong trees with the latest version of its Evaluation and Questions Criteria for generic top-level domains (gTLDs). The document asks for financial projections, the applicant's goals for its TLD, and the benefits the applicant expects to derive. All that information is meaningless. more
It has been a while, nearly eight years since we have been in touch. I thought I would post an update to the DCA vs ICANN case, to the interested party of the global internet, towards the eight-year legal battle DCA had with ICANN. I believe there would be useful lessons learned that would shed some light on ICANN's activities in the Internet community. For those not aware, the DCA vs. ICANN case involved many twists and turns, spanning nearly a decade of DCA's efforts to hold ICANN accountable for the harm it caused to DCA over the delegation rights of the .Africa new gTLD Registry. more
The Asia Pac Digital Marketing & gTLD Strategy Congress for first and prospective second round applicants will be held in Hong Kong and timed to take place in conjunction with the International Trademark Associations' (INTA) 136 Annual Conference at the Hong Kong Convention and Exhibition Centre (HKCEC) starting on May 10. more
The number of domain names registered around the world grew by 2.2 million, or 0.8 percent, to 296 million at the end of June according to the latest Domain Name Industry Brief from Verisign. With similar growth, the 300 million mark should be reached around the end of 2015. Worldwide registrations have grown by 16.4 million, or 5.9 percent, year over year. more
The global trademark laws have served the business community well during the last century. But is it possible that with the advent of ICANN gTLD, a new layer of speed and protection would complement the trademark holders to further establish their name identity presence and visibility in the complex marketplace? Although the trademark laws have served the business community very well during the last century, now with the advent of ICANN gTLD platform, it appears that it will provide an additional layer of speedy protection and increase the name identity visibility resulting in market domination via name identity. more
On Thursday, December 8, the U.S. Senate Committee on Commerce, Science and Transportation will host a full committee hearing on "ICANN's Expansion of Top-Level Domains." According to the Committee's website, the hearing will "examine the merits and implications of this new program and ICANN's continuing efforts to address concerns raised by the Internet community." more
When it comes to accountability, ICANN would rather be compared to other U.S. nonprofit companies than to the regulatory bodies it more closely resembles. If they truly wish to be treated like a nonprofit, rather than a regulator, there is a very simple solution: make all contributions strictly voluntary. more
According to the Online Etymology Dictionary, the verb collide is derived from the Latin verb collidere, which means, literally, "to strike together": com- "together" + lædere "to strike, injure by striking." Combined instead with loquium, or "speaking," the com- prefix produces the Latin-derived noun colloquy: "a speaking together." So consider WPNC 14 - the upcoming namecollisions.net workshop - a colloquium on collisions: speaking together to keep name spaces from striking together. more
The ICANN community is conservative. A considerable number of dedicated ICANN volunteers from various constituencies believe that ICANN should follow the unusual logic of limiting its revenues to the levels of its CURRENT estimates of expenditure. The Board, acting on the advise of the ICANN community brought down the ICANN transaction fee per domain name from 25 cents to 16 cents and in the case of numbers, for various reasons the Address Registry fees that it collects from the Regional Internet Registries have been historically kept at a negligibly low level. more
I am skeptical about how ICANN has arrived at a technical limit of a thousand new TLDs per year. The ICANN study driving this number must be made public so that our industry's risk management experts can size up the finding. Why am I skeptical? more