NEWS CRIDO tells ICANN it can’t
TLDs are currently limited to generic descriptions, such as .com and .biz, and country codes, such as .uk and .fr, but ICANN approved its plan to expand the TLD system in June 2011.
It wants to allow almost any word to be used as a TLD in the hope that it will increase competition and choice on the Internet.
Te Association of National Advertisers (ANA) has spearheaded the creation of the Coalition for Responsible Internet Domain Oversight (CRIDO), which it announced in November 2011, in response to what ANA president and chief executive officer Bob Liodice called an “ill-conceived, unwanted and destructive” programme.
A coalition of 87 business associations and companies has formed to oppose ICANN’s new top-level domain (TLD) programme.
Te coalition wrote to the US Department of Commerce in November 2011 as it tries to postpone the opening of the TLD application window in January 2012.
In its letter to the US Department of Commerce, the coalition said that the new TLD programme was approved “despite widespread and significant objections”.
Te coalition said that the new TLD programme would unduly burden public and private brand owners, confuse consumers, increase the level of fraud and identity theſt on the Internet, create new opportunities for Internet crime and jeopardise cyber security.
It added: “ICANN’s decision was not made in the public interest, does not promote consumer trust, and does not benefit the public, as required in the Affirmation of Commitments between ICANN and the National Telecommunications and Information Administration (part of the US Department of Commerce).”
Te coalition is strongly supported. Big brand owners such as beverage manufacturer Te Coca-Cola Company and pharmaceutical giant Johnson & Johnson have joined, as well as the Intellectual Property Owners Association.
In a statement, Brad White, director of global media affairs at ICANN, stressed that the new TLD programme was approved only after six years of careful study, discussion and debate.
He said that ICANN president and chief executive officer Rod Beckstrom, who is leaving his role in July 2012, sent a letter to the ANA in August 2011 pointing out that the TLD programme was developed in “a transparent manner after soliciting public input every step of the way”. n
France launches new domain name dispute resolution system
A new domain name dispute resolution system was launched in France in November 2011.
Te French Minister of Electronic Communication approved the terms and conditions of Syreli in October and this was confirmed in the French Official Journal in November 2011.
Syreli is the brainchild of AFNIC (Association Française pour le Nommage Internet en Coopération), the association responsible for assigning and managing the .fr top-level domain (TLD).
AFNIC’s new domain name dispute resolution system replaces the Parl system. Under that system, disputes were decided by World Intellectual Property Organization (WIPO) Arbitration and Mediation Center-appointed experts. AFNIC will now decide all Syreli cases.
Te dispute resolution system will apply to domains that were registered or renewed aſter July 1, 2011.
Syreli will have jurisdiction over all disputes involving .fr and .re, a new TLD for French jurisdiction Reunion Island, and to all the extensions that AFNIC manages, from December 2011. AFNIC will issue rulings based on documents and
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statements filed by the parties involved and will not conduct hearings in person or through video, telephone or Internet conferences.
Te complainant must pay a 250 euro examination fee and can expect to see a decision within two months of filing its complaint.
A panel of three AFNIC members will make the final decision. Domains can be transferred but no damages can be awarded, and the final decision is immediately enforceable if the domain name owner decides not to appeal. A judge will hear any appeal against an AFNIC decision.
To have a domain successfully transferred to it, the complainant must prove that it has a valid interest to act.
It must also prove that the domain name owner is doing something wrong by owning the domain name, which can include infringing IP and disrupting public order.
In cases of IP infringement, the complainant must also prove that the domain name owner has no legitimate interest and is acting in bad faith. n
Trademarks Brands and the Internet Volume 1, Issue 1
www.worldipreview.com
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