Tag Archives: Governmental Advisory Committee

Trademark Holders Continue Hard Lobbying Over New gTLDs

You can never keep trademark holders down, not when they have oodles of money to pay oodles of lawyers, which is what ICANN is finding as it plans to implement new generic Top Level Domains, with the expectation being they will commence taking applications sometime this year.Following intense lobbying of ICANN’s Governmental Advisory Committee, the GAC succumbed to the pressure and have been putting pressure on ICANN to give trademark holders what they want.World Trademark Review has followed the process closely and published a report this week on the process, although it is largely sympathetic to their clientele, the trademark lobby.The article says that “thanks to the strident approach of ICANN’s Government Advisory Committee (GAC), brand owners have won what is being described as an ‘unprecedented opportunity’ to convince ICANN’s board of how to protect trademarks rights under new gTLDs.”The board has agreed to meet with the GAC in a meeting rumoured to be planned for 28 February to 1 March in Brussels. Meanwhile, the GAC has appointed one person to collect community thought on this topic: UK government representative Mark Carvell. Carvell called a meeting in London last Friday to hear industry’s suggestions for how to overcome the stalemate of rights protection. With input from Vodafone, BBC, Richemont, BSkyB, News International and Shell, the discussion kept returning to the IRT recommendations.The GAC have appointed a central person to “collect community thought”, this being UK government representative Mark Carvell. WTR notes a meeting was held “in London last Friday to hear industry’s suggestions for how to overcome the stalemate of rights protection. With input from Vodafone, BBC, Richemont, BSkyB, News International and Shell, the discussion kept returning to the IRT recommendations.””Don’t negotiate on the IRT report,” one trademark counsel told Carvell. “Maybe trademark owners could give you a real wish list to prove that the IRT is not a wish list.”The WTR article also discusses the globally protected marks list and Uniform Rapid Suspension system from the trademark holder’s perspective.But one thing is sure, large trademark holders are spending plenty of money and lobbying hard to ensure that if new gTLDs go ahead, which is close to a fait accompli, they will make life as difficult as they can for the new gTLD operators.To read this World Trademark Review report in full, see:
www.worldtrademarkreview.com/daily/Detail.aspx?g=6e0817da-f9ad-4547-838f-082a8b4b0e56

ICANN Board Meeting With GAC Dates Announced

The meeting between the ICANN board and Governmental Advisory Committee (GAC) has been set for 28 February and 1 March, reports Stephane Van Gelder on his blog.The intersessional meeting was proposed to be held before the ICANN San Francisco meeting, to be held from 13 to 18 March, in the interest of resolving outstanding issues with the new gTLD process.Details of the proposed meeting were announced in a communiqué from the GAC, more details of which are available at goldsteinreport.com/article.php?article=13229.

GAC Raises Issues in Relation to New gTLD Application Processes

At the ICANN meeting held in Cartagena, Colombia, from 5 to 10 December, it was agreed there would be an intersessional meeting to be held between ICANN and the Governmental Advisory Committee (GAC) before the San Francisco meeting, to be held from 13 to 18 March, in the interest of resolving outstanding issues with the new gTLD process.The GAC Communiqué that came out as a result of the meeting notes “that the GAC will provide the Board at the earliest opportunity with a list or “scorecard” of the issues which the GAC feels are still outstanding and require additional discussion between the Board and the GAC. These include:

  • The objection procedures including the requirements for governments to pay fees
  • Procedures for the review of sensitive strings
  • Root Zone Scaling
  • Market and Economic Impacts
  • Registry – Registrar Separation
  • Protection of Rights Owners and consumer protection issues
  • Post-delegation disputes with governments
  • Use and protection of geographical names
  • Legal recourse for applicants
  • Providing opportunities for all stakeholders including those from developing countries
  • Law enforcement due diligence recommendations to amend the Registrar Accreditation Agreement as noted in the Brussels Communiqué
  • The need for an early warning to applicants whether a proposed string would be considered controversial or to raise sensitivities (including geographical names).

Kieren McCarthy has also written on the issue on the Global Internet Business Coalition website at:
gibc.biz/2010/12/governments-outline-12-points-of-gtld-contention-with-icann/The GAC communiqué is available at:
gac.icann.org/system/files/Cartagena_Communique_0.pdf