gTLDs
Te key reasons for the board’s decision were: • The EOI could add a layer of exclusion to many communities wishing to apply, due to the $55,000 fee
• The data collected by the EOI could not be treated as accurate and adding value due to the large number of applicants who may choose not to make an EOI
• Ultimately, the preference was to focus staff resources on resolving the remaining issues regarding the new gTLDs rather than undertaking further work to produce a satisfactory EOI model.
Te board made a special note of thanks to the community for all of its work on the EOI proposal.
Registry/registrar separation for the new gTLD
It was agreed at the ICANN meeting in Nairobi that within the context of the new gTLD process, there will be a strict separation of entities offering registry services and those acting as registrars. No co-ownership will be allowed.
Trademark protection
Te protection of trademarks has been a highly contested issue regarding the new gTLDs. Due consideration has been given to public comments and there are now four aspects to the proposed model for trademark protection: Trademark ClearingHouse, Uniform Rapid Suspension Procedure, Post-Delegation Dispute Resolution Procedure and Tick WhoIS.
Trademark ClearingHouse: key features
• Centralised database • Storage of trademark registration data • Data authenticated by a third-party provider • Does not create any new rights or limit any rights
• Recognises trademark registrations of national effect and court-validated common law trademarks
• New gTLD registries are required to offer Sunrise Services or Trademark Claims Services
• Costs to be borne by parties benefitting from Trademark ClearingHouse.
Uniform Rapid Suspension Procedure (URSP)
Te model provides an expedited take-down procedure for clear-cut cases of trademark infringement. Te main provisions are:
• Defences for the registrants model incorporate fair uses of domain names
• Penalties for abusive trademark holders • Procedures to encourage fair examiners • URSP is an additional remedy:
· Te Uniform Domain-Name Dispute-Resolution Policy (UDRP) continues to be available
· Other legal remedies are available to both parties · Reduced costs to trademark holders versus UDRP.
Post-Delegation Dispute Resolution Procedure (PDDRP)
• Used against registries for affirmative conduct/ systematic trademark infringement or use of TLD for an improper purpose
• The relevant parties are the trademark holder and registry
• Filing fees are shared by trademark holders and registries. Te loser pays the prevailing party’s filing fees
• The panel will suggest graduated enforcement tools to ICANN
• Absent extraordinary circumstances, ICANN will review, approve and enforce the recommended remedies, or as amended by ICANN
• Contractual compliance, URS and UDRP are also available.
In light of the additional public comments received, ICANN has further revised the PDDRP, which is currently posted for another round of public comments.
It has been agreed that ICANN should take the remaining public comment from the community and synthesise those comments as appropriate into a final draſt PDDRP. Tis will ensure that the varying interests of the community are considered and included in the final draſt of the applicant guidebook.
gTLD communications plan
Regular programme updates are provided by ICANN staff to the community and board, and the critical information will continue to be published in six languages. ICANN recognises that one of the main goals of the communications plan is to inform potential applicants around the world about the opportunities afforded by new gTLDs. Te board voted in favour of implementing a formal launch of communications activities for the new gTLD programme.
Te meeting in Nairobi was extremely productive, with some key decisions being reached. It is important to recognise just how much value is being added to the decision-making process by community involvement. Te next ICANN meeting will be held in Brussels in June 2010.
50 World Intellectual Property Review May/June 2010
Andy Churley is head of products for the corporate brand management division at Group NBT, which includes Envisional (a specialist in the field of online enterprise brand protection) and NetNames (a global leader in corporate domain name management). An experienced professional, Churley has spent 20 years in the fields of reputational risk, IT security and knowledge management. He now applies his knowledge and experience to customers determined to protect their brands and other intellectual property online. He is a chartered engineer, a European IT professional and holds a bachelor’s degree in engineering and a master’s degree in business administration.
Adam Churley is head of products for the corporate brand management division at Group NBT. He can be contacted at:
andy.churley@
envisional.com
Chloë Garrett is marketing manager at NetNames, a division of Group NBT. She can be contacted at:
chloe.garrett@
netnames.com
Chloë Garrett is currently the marketing manager for the global corporate domain name registrar, NetNames. During her business-to-business marketing career, she has focused on developing knowledge and expertise in the field of online brand protection issues. Garrett holds an honours degree in politics and a professional diploma from the Chartered Institute of Marketing.
www.worldipreview.com
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