ICANN
Jonathan Cohen provides an update on the new gTLDs, and explains how the problem of strings with multiple applicants can be effectively resolved.
At the ICANN meeting in Prague in June, the universe unfolded as it should.
The list of applied-for new generic top-level domain (gTLD) strings was announced shortly before the meeting on June 13, 2012. To the surprise of many observers, almost 2000 applications were filed. Also interesting was the large number of identical strings sought by a number of applicants, totalling 230, and involving more than 750 applications (an average of roughly three applicants per identical string). Indeed, some generic strings were applied for by more than 10 applicants, such as .app (13 applicants), .home (11 applicants) and .inc (11 applicants).
Where there are many applications for identical or confusing gTLD strings, the string contention procedures outlined in the Applicant Guidebook will determine which applicant will be delegated the applied-for gTLD. Assuming that no community-based applicants apply for community priority evaluation, the dispute resolution mechanism of last resort will be auction of the gTLD to the highest bidder.
In many ways, the Prague ICANN meeting was one of the quietest in many years, as applicants focused on strategies for being successful in their bid for new gTLDs. It became clear that some applicants had already invested tremendous sums in the programme, with some having applied for 75 or more separate strings at an upfront filing cost of $14 million or higher, and rumours swirled of applicants having bank
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rolls of up to $100 million available to invest in the process of obtaining their desired strings should it be necessary to compete via auction.
Tere was an initial 60-day period during which the public could submit their first comments to the evaluation panels on applications that were submitted during this first round of new gTLD applications, which has now been extended by an additional 45 days, closing on September 26, 2012. A number of
groups requested,
on reasonable grounds, that this period be extended to accommodate consideration of the larger-than-expected number of applications.
Tis comment period provides the public with an opportunity to express support (or otherwise) for the applications, or particular applicants, which will be considered by evaluation panels as part of
the application process. Several
groups interested in the protection of trademark rights are using this opportunity to review and comment on applications on the basis of the strength of rights-protection mechanisms, Whois specifications, and other indications of intentions to generally support the rights of brand owners. Comments on objection grounds, including string confusion, legal rights, limited public interest, and community grounds, as set out in the Applicant Guidebook, will also continue to be accepted for the next few months.
For applicants, much of the work in the coming months will be done behind the scenes. Where there are multiple applicants for identical
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