gTLD Archives - Goldstein Report

ICANN: Public Comment: Community Working Group Report on Implementation of GNSO New gTLD Recommendation Number 6

The Cross Community Working Group (CWG) on GNSO Recommendation 6 has published its Report on Implementation of GNSO New gTLD Recommendation No. 6. The Report describes various recommendations that were supported by a consensus of CWG members to improve the implementation plan for Recommendation No. 6. This Report [PDF, 1.06 MB] (CWG Report) is now posted for public comment

The public comment period ends on 22 October 2010.

Background:

ICANN is in the implementation planning stage of defining the processes for adding new generic top – level domain name to the Domain Name System. The policy recommendations to guide the introduction of new gTLDs were created by the GNSO over a two year effort. Among these GNSO policy recommendations is Recommendation 6, which states that:

Strings must not be contrary to generally accepted legal norms relating to morality and public order that are recognized under international principles of law.

A cross-community effort involving members of the GAC, GNSO, and the At Large Community has resulted in the publication of the CWG Report that addresses concerns that have surfaced from the ICANN Community regarding the proposed implementation of Rec6. This Report describes the results of this bottom-up process, and includes recommendations proposed by the CWG for improving the implementation plan proposed in the Draft Applicant Guidebook-v4 related to procedures for addressing objectionable strings, while protecting internationally recognized freedom of expression rights.

This public comment forum is an opportunity to comment on any of the proposed recommendations that are described the Report. The Report will be posted for a public comment period that closes on 22 October 2010. Comments can be sent to cwg-report-rec6@icann.org and reviewed at forum.icann.org/lists/cwg-report-rec6/.

Additional Information:

To review the proposed implementation plan for Recommendation 6 in the Draft Applicant Guidebook, version 4, please refer to Module 3: icann.org/en/topics/new-gtlds/comments-4-en.htm
For information on the GACâs concerns regarding Recommendation 6, please refer to the letter dated 4 August 2010: icann.org/correspondence/gac-to-dengate-thrush-04aug10-en.pdf [PDF, 235 KB]
The ALAC Statement on Morality and Public Order, 4 March 2009 is posted at: atlarge.icann.org/files/atlarge/correspondence-05mar09-en.pdf [PDF, 344 KB]

This ICANN announcement was sourced from:
icann.org/en/announcements/announcement-2-22sep10-en.htm

Bad Faith in Cyberspace: Grounding Domain Name Theory in Trademark, Property and Restitution by Jacqueline D. Lipton [Harvard Journal of Law and Technology]

Abstract: The year 2009 marks the tenth anniversary of domain name regulation under the Anti-Cybersquatting Consumer Protection Act (ACPA) and the Uniform Domain Name Dispute Resolution Policy (UDRP). Adopted to combat cybersquatting, these rules left a confused picture of domain name theory in their wake. Early cybersquatters registered Internet domain names corresponding with others’ trademarks to sell them for a profit.

Abstract: The year 2009 marks the tenth anniversary of domain name regulation under the Anti-Cybersquatting Consumer Protection Act (ACPA) and the Uniform Domain Name Dispute Resolution Policy (UDRP). Adopted to combat cybersquatting, these rules left a confused picture of domain name theory in their wake. Early cybersquatters registered Internet domain names corresponding with others’ trademarks to sell them for a profit.However, this practice was quickly and easily contained. New practices arose in domain name markets, not initially contemplated by the drafters of the ACPA and the UDRP. One example is clickfarming – using domain names to generate revenues from click-on advertisements. To avoid trademark liability, most clickfarmers and cybersquatters utilize personal names, geographic and cultural indicators, and generic terms as domain names. The application of current regulations to these practices is unclear, largely because of the lack of a coherent policy basis for domain name regulation.This article develops a new model for domain name regulation. It incorporates trademark policy within a broader theoretical framework incorporating aspects of restitution and property theory. The author suggests that a broader theoretical approach to domain name regulation would facilitate the development of more coherent domain name rules in the future. This discussion is particularly timely in light of the forthcoming implementation of a new generic Top Level Domain (gTLD) application process.To download this paper from the Harvard Journal of Law and Technology in full, see:
ssrn.com/abstract=1484763

Canon first multinational to publicly announce desire for gTLD

Canon, the global electronics company headquartered in Japan, has broken ranks with multinational companies around the world to publicly say they intend to apply for the .CANON generic Top Level Domain (gTLD) when ICANN begins accepting applications, possibly later this year.The surprising announcement comes about as trademark bodies around the world are fighting to stop the introduction of new gTLDs, and if not, to ensure the strings of characters in domain names contain as few trademarked names as possible, even if there are legitimate registrants of domain names containing such strings that may be trademarked in another activity or have another use.In its announcement, Canon says that “following approval for the new gTLD system, which is expected to take place after the latter half of 2011, Canon will make full use of the new domain name to increase the convenience and effectiveness of its online communications.”It is also interesting to note that the first multinational company to express an interest in a gTLD is not American, where trademark and copyright lawyers have been fighting the introduction hard.With many potential applicants of brand name gTLDs waiting to see what their competitors or other large companies are doing, this move could see others dipping their hats into the ring, so to speak, and announcing their own plans.To date, potential applicants have been dominated by city or regional names (.BERLIN, .PARIS, .CYM – Wales, .SCO – Scotland) or special interests (.SHOP, .HOTEL, .GAY).