INDIA FOCUS: NEW gTLDS
“IN THE EVENT OF MULTIPLE OBJECTIONS, AN APPLICANT MUST PREVAIL IN ALL
DISPUTE RESOLUTION PROCEEDINGS CONCERNING THE APPLICATION TO
PROCEED TO THE NEXT RELEVANT STAGE.”
board does not act in accordance with this type of advice, it must provide a rationale for doing so.
Applicants failing certain elements of the initial evaluation can request an extended evaluation. Where formal objections are filed and filing fees paid during the objection filing period, independent dispute resolution service providers (DRSPs) will initiate and conclude proceedings based on the objections received. As a result of a dispute resolution proceeding, either the applicant will prevail (in which case the application can proceed to the next relevant stage), or the objector will prevail (in which case either the application will proceed no further or the application will be bound to a contention resolution procedure).
In the event of multiple objections, an applicant must prevail in all dispute resolution proceedings concerning the application to proceed to the next relevant stage.
Background of .ram gTLD
Te auto maker Chrysler Group LLC has applied to ICANN for .chrysler, .jeep, .mopar, .ram, .dodge and .srt gTLDs. Chrysler sells a wide of range of trucks under the brand name Ram. Te trademark ‘Ram’ and its variations are registered or pending registration in US in the name of the Chrysler Group LLC.
In India the Chrysler Group is the registered proprietor of the trade mark ‘Laramie’ in Class 12 vide registration no. 793542, though it does not have any pending application for the trademark ‘Ram’ in Class 12 in India.
Besides .ram, India has also objected to the registration
of .indians (filed by Reliance
Industries Ltd). Similar objections were also raised against the registration of .guangzhou (IDN in Chinese), .shenzhen (IDN in Chinese), and .spa and .yun.
www.worldipreview.com
GAC EARLY WARNINGS (INDIA) Application ID number .islam .bible
.indians .ram
.army .navy
.airforce .halal
.shiksha Remedies
Tere are three mutually non-exclusive options available to the Indian government: raising an objection before the GAC, settling the matter with Chrysler Group LLC or
initiating the
new gTLD dispute resolution procedure with ICANN. Te Indian government has already opted for the first option. Te government’s primary contention
while submitting its
objection during the GAC Durban meeting was that under Indian Trade Mark law a trademark is prohibited from registration under Section 9(2)(b) of the Trade Marks Act, 1999 if such mark contains or comprises any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India.
As far as the second option is concerned, Chrysler has shown its willingness to settle the matter. If reports are to be believed, on receiving the Indian government’s objection, a team from Chrysler flew to India and met officials of the Department of Electronics and Information Technology with the aim of resolving the objections raised by the government. It was further reported that Chrysler has proposed to enter in an agreement with the Indian government that it will not sell the .ram domain to anyone and will take down any web address with the .ram gTLD if the Indian government finds it objectionable.
If the Indian government chooses the third option ie, it decides to institute a proceeding under the ICANN’s new gTLD dispute resolution procedure,
it will be entering unexplored
territory. At this juncture, it would be interesting to quote the observation made by Frederick M. Abbott, sole panel expert in the case involving .express gTLD, where he said that “Tis is a somewhat unusual proceeding in that it involves a procedure that has been newly created for a set of circumstances that is newly created.”
1-2130-23450 1-994-57975 1-1308-78414 1-2055-15880 1-1255-29986 1-1255-53893 1-1255-29190 1-2131-60793 1-868-35885
Applicant
Asia Green IT System Bilgisayar San. ve Tic. Ltd. Sti. American Bible Society Reliance Industries Limited Chrysler Group, LLC United TLD Holdco Ltd. United TLD Holdco Ltd. United TLD Holdco Ltd.
Asia Green IT System Bilgisayar San. ve Tic. Ltd. Sti. Afilias Limited
It is yet to be seen how the expert panel constituted under the new gTLD dispute resolution procedure would deal with
the
situation. In any case the ramifications of new gTLD registration, that has the potential to allow registration for practically any word under the sun, are far reaching. Instances like these and the outcome of the objection would set precedents and standards that are to be borne in mind while opting for registration, so that in the global landscape the chosen domain name overcomes any cultural and linguistic traps and at the same time does not hurt the religious and emotional sentiments of other communities.
Lucy Rana is a senior associate at SS Rana & Co in New Delhi. She can be contacted at:
lucy@ssrana.com
Lucy Rana advises Fortune 500 companies and some of the world’s most esteemed corporations in multifarious fields and has actively contributed to growth in every sphere of the firm, from prosecution to successful litigation. Rana, who majored in Japanese and business management, has channelled her innovative and pioneering strategies for delivering efficient, high quality and cost- effective results to clients.
World Intellectual Property Review September/October 2013 41
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