Theme: Intellectual Property

Story
22 April 2013

New suspension rules tip balance in favor of trademark holders

Cybersquatters are going to find it much harder to profit from domain names with new suspension rules and financial penalties coming into effect later this year.

Under new rules, trademark holders will pay just $375 for up to 15 domains to be suspended pending a review of the domain's use. If an independent panelist finds that a domain name is being misused, the domain will then be suspended and redirected to an information page.

Story
7 December 2012
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Has it pulled any of its 12 other applications?

The markers of lifestyle TV programmes including HGTV and the Food Network have pulled their application for the dot-glean top-level domain.

Lifestyle Domain Holdings, a subsidiary of Scripps Networks Interactive, is behind the bid and is the seventh of 13 withdrawn applications that have been named, indicating that the companies has received its $130,000 partial refund from ICANN.

Dot-glean is just one of 13 applications made by the company and earlier this year it had applied for four trademarks for the "glean" name. It did not give a reason for dropping the application, at a cost of $55,000. It is not known if the company is responsible for any of the other six unnamed withdrawals, although its dot-vana is similar in many respects to dot-glean and may also have been junked. Scripps Networks Interactive also recently received a government "early warning" over its dot-food application last month.

Story
12 October 2012
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IPRota CEO Jonathan Robinson walks us through the new gTLD rights protection mechanisms, in particular the Trademark Clearinghouse.


PODCAST

With an explosion in Internet extensions starting in just six months, the protection of trademarks has become a "cornerstone" of the program and vital to the success of the program, argues Jonathan Robinson, the CEO of a company that specializes in making it work.

We talked to Jonathan about the various rights protection mechanisms in place, why they were crucial, and what still need to be completed before they could go live.

The biggest focus of recent attention has been the "trademark clearinghouse" that will let trademark holders register their details once and have them picked up across all new Internet registries. There are "some real issues in implementing this" explains Robinson. The "devil is in the detail" and in some cases actual efforts to put systems in place is raising questions about the original policy decisions.

Story
11 October 2012

ICANN COO explains the new new gTLD batching system


PODCAST

A break-through, a fudge, or the best of a bad job? We spoke to ICANN's Chief Operating Officer Akram Atallah about the new proposal to hold a special draw sometime in December to decide which new gTLD applications will go first.

The proposal, revealed just a few days before ICANN's meeting in Toronto, will see applicants buy a $100 ticket in order to be entered into a draw. Each applicant will then get its own number and be ranked accordingly. The lower the number, the faster your application will be processed.

The draw is likely to be held in Los Angeles - but Atallah told us that ICANN has applied for licenses in a number of different jurisdictions just in case - and you don't have to turn up in person (you can pay a law firm to represent you).

Story
5 June 2012
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Two to read, three to watch, three to note


Watch out! It's 15 working days until the next ICANN meeting

Three times a year ICANN floods the Internet community with documents. This Monday 4 June was one of those days. The next will be on 24 September.

The reason behind the flood is quite simple: it is 15 working days until ICANN's meeting on Prague and according to the organization's Document Publication Operational Policy [pdf], staff is obliged to provide documents before the cut-off if they want them to be discussed at the meeting.

Column
21 April 2012

In 2005, I came across an article in the New York Times about a funny little battle that was going on in the Internet corner of the world that no one outside of the small circle of Internet geeks seemed to understand or care about.

This article was memorable for several reasons. First, it was cogent, humorous, it rose above the dirty, confused, detail and explained why this stuff was important for all of us. Secondly, it was written by a politician. That politician was Carl Bildt.

Fast forward to this week. I was asked to moderate a couple of sessions at the Stockholm Internet Forum, and to provide some reflections at the end of the conference. This article highlights some of the themes I picked up from the two days of discussion.


Taylor moderating one of the sessions. Credit: Swedish Internet Forum

Resource
31 March 2012
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The following presentation was given at a special session on Rights Protection Mechanisms at ICANN's Costa Rica meeting on 14 March 2012. See a full summary of that session. (Download slides)


Agenda

  • Background on new rights protection mechanisms
  • Trademark Clearinghouse
  • URS
  • PDDRP

Background

  • New gTLD Program founded in GNSO policy recommendations
  • GNSO Recommendation 3: Strings must not infringe the existing legal rights of others that are recognized or enforceable under generally accepted and internationally recognized principles of law.

Development of the RPMs


Rights Protections Mechanisms


New requirements

  • At start-up:
Transcript
30 March 2012

KURT PRITZ: Good morning, everybody. Can we take seats? Thank you for giving some of your valuable time to come to this session on the progress made in the implementation of rights protection mechanisms. We hope it's informative. You'll have the ability to ask questions at the end. It will describe work that's occurred in preparation for the launch of the new gTLDs and the implementation of the rights protection mechanisms and the work that's going to occur. Specifically, we're going to discuss the implementation of the Trademark Clearinghouse, which includes a trademark validation service and also database administration service and provides Sunrise and IP claim services for new registries; the Uniform Rapid Suspension system, which is a rapid take-down process. And, finally, we're starting with esoteric acronyms that almost exceed the ICANN limit for letter number. But Post-Delegation Dispute Resolution Process, which is a remedy for those seeking a remedy directly against new registries rather than individual registrants that's operated under very careful standards.

Story
29 March 2012
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Domain name system overseer ICANN will create a two-tier Internet later this year with thousands of new Internet extensions required to follow different contractual obligations than the existing 21 "generic top-level domains" or gTLDs.

Under the terms of a new contract for the Internet's largest registry - dot-com - published this week for public comment, current owner Verisign will not be obliged to follow many of the new provisions created for new gTLDs.

As operator of the dot-com registry, for example, it will not have to abide by the new trademark protections included in the new gTLD process: the Uniform Rapid Suspension (URS), Post-Delegation Dispute Resolution Process (PDDRP), and Trademark Clearinghouse (TC).

It will also not be contractually affected by the radical market shift that ICANN has decided upon where suppliers of domain names (registrars) and operators of Internet extensions (registries) will no longer have to be entire separate entities.

Since the dot-com contract acts as the forerunner of any changes to the other existing registry contracts, it is extremely unlikely that the contractual changes developed over six years for new gTLDs will be applied to any existing extensions.

Transcript
28 March 2012

Glen de Saint Géry: GNSO Secretariat, should I do the roll call?

Stéphane van Gelder: Yes, please.

Glen de Saint Géry: Jeff Neuman?

Jeff Neuman: Present.

Glen de Saint Géry: And you have the proxy vote for Ching Chiao who is absent.

Jeff Neuman: Yes.

Glen de Saint Géry: Jonathan Robinson?

Jonathan Robinson: Present.

Glen de Saint Géry: Mason Cole?

Mason Cole: Here.

Glen de Saint Géry: Yoav Keren?

Yoav Keren: Yes.

Glen de Saint Géry: Stephane Van Gelder?

Stephane Van Gelder: Yes.

Glen de Saint Géry: Thomas Rickert?

Thomas Rickert: Yes.

Glen de Saint Géry: John Berard?

John Berard: I am here.

Glen de Saint Géry: Zahid Jamil?

Zahid Jamil: Here.

Glen de Saint Géry: Brian Winterfeldt?

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