Civil law

商标
IDN
Initial Evaluation
Priority number: 
38
Members only

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Applicant
HU YI GLOBAL INFORMATION RESOURCES(HOLDING) COMPANY.HONGKONG LIMITED
7⁄F Chinachem Century Tower, 178 Gloucester Road
Wan Chai
852
Hong Kong
Phone: 
+852 25319391
Fax: 
+852 25251105
http://www.8hy.hk
Registry services
Other

gmbh
Brand
Initial Evaluation
Priority number: 
556
Government objection(s): 
Germany
Members only

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Applicant
InterNetWire Web-Development GmbH
Wilhelm-Wagenfeld-Str. 20
Muenchen
80807
Georgia
Phone: 
+49 89 55061 0
Fax: 
+49 89 55061 199
Government objection(s)
Explanation: 

The Government of Germany wishes to observe that the term “gmbh” as an abbreviation is linked to a specific corporate form for companies (“Gesellschaft mit beschränkter Haftung”, which corresponds to a Limited Liability Company or LLC in the English-speaking countries).

Reason/Rationale: 

The introduction of new generic top-level domains (gTLDs) by ICANN creates new possibilities for various sectors to present themselves on the internet and is therefore basically welcome in terms of a future orientated, globally networked economic policy. In Germany and other German speaking countries, the gTLD “.gmbh” offers many chances for enterprises, which are established in the corporate form of a “Gesellschaft mit beschränkter Haftung” (GmbH) to optimize their presentation in the internet. Therefore, the government of Germany welcomes the efforts of private-sector companies to establish “.gmbh” as a self-explanatory TLD.

In most cases, the average internet user in a German speaking country will expect a SLD like “(name of a company).gmbh” to be used by a company registered as a “Gesellschaft mit beschränkter Haftung”. In Germany, only companies registered as a “Gesellschaft mit beschränkter Haftung” have the right to use the respective abbreviation “GmbH” accordingly. Therefore, there is a legal aspect to be considered in allowing the use of the term “Gmbh” as part of a Second-Level domain. It might be added that companies in the corporate form of a GmbH enjoy special trust amongst customers on the German market.

Possible Remediation: 

GAC Member(s) to identify possible remediation steps to be taken by the applicant To enhance the protection against any misuse or misinterpretation of “.gmbh” as part of a domain, Germany suggests an implementation of the following terms as a safeguard:

- Applicants for SLDs under “.gmbh” have to be companies which are already organized as “Gesell- schaften mit beschränkter Haftung” according to the regulations valid in Germany, Austria, Switzerland or Liechtenstein, or they should be able to prove that such a registration is pending in at least one of these countries. The compliance of these requirements has to be regularly reviewed.
- Applicants for SLDs have to prove that they are subject to liability as a GmbH by forwarding a full set of valid documents from their respective place of jurisdiction.

Further Notes: 

The government of Switzerland supports this EW (see also the attached e-mail correspondence).

Registry services
Registry.net

Registry.net has been chosen as technical backend for registry operations because of the companyʹs extensive knowledge of the domain industry and technical infrastructure. The parent company of registry.net, the ICANN accredited Registrar InterNetWire Communications GmbH, has extensive knowledge in the area of handling gTLDs as well as more than 20 different ccTLDs.

gmbh
Generic
Withdrawn
Government objection(s): 
Germany
Members only

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Applicant
GMBH Registry, LLC
11950 Democracy Drive #300
Reston
Virginia
20190
United States
Phone: 
+1 571 346 3051
Fax: 
+1 703 991 2336
Government objection(s)
Explanation: 

The Government of Germany wishes to observe that the term “gmbh” as an abbreviation is linked to a specific corporate form for companies (“Gesellschaft mit beschränkter Haftung”, which corresponds to a Limited Liability Company or LLC in the English-speaking countries).

Reason/Rationale: 

The introduction of new generic top-level domains (gTLDs) by ICANN creates new possibilities for various sectors to present themselves on the internet and is therefore basically welcome in terms of a future orientated, globally networked economic policy. In Germany and other German speaking countries, the gTLD “.gmbh” offers many chances for enterprises, which are established in the corporate form of a “Gesellschaft mit beschränkter Haftung” (GmbH) to optimize their presentation in the internet. Therefore, the government of Germany welcomes the efforts of private-sector companies to establish “.gmbh” as a self-explanatory TLD.

In most cases, the average internet user in a German speaking country will expect a SLD like “(name of a company).gmbh” to be used by a company registered as a “Gesellschaft mit beschränkter Haftung”. In Germany, only companies registered as a “Gesellschaft mit beschränkter Haftung” have the right to use the respective abbreviation “GmbH” accordingly. Therefore, there is a legal aspect to be considered in allowing the use of the term “Gmbh” as part of a Second-Level domain. It might be added that companies in the corporate form of a GmbH enjoy special trust amongst customers on the German market.

Possible Remediation: 

GAC Member(s) to identify possible remediation steps to be taken by the applicant To enhance the protection against any misuse or misinterpretation of “.gmbh” as part of a domain, Germany suggests an implementation of the following terms as a safeguard:

- Applicants for SLDs under “.gmbh” have to be companies which are already organized as “Gesell- schaften mit beschränkter Haftung” according to the regulations valid in Germany, Austria, Switzerland or Liechtenstein, or they should be able to prove that such a registration is pending in at least one of these countries. The compliance of these requirements has to be regularly reviewed.
- Applicants for SLDs have to prove that they are subject to liability as a GmbH by forwarding a full set of valid documents from their respective place of jurisdiction.

Further Notes: 

The government of Switzerland supports this EW (see also the attached e-mail correspondence).

Registry services
Verisign

As GMBH Registry LLC ’s selected provider of backend registry services, Verisign provides a comprehensive system and physical security solution that is designed to ensure a TLD is protected from unauthorized disclosure, alteration, insertion, or destruction of registry data.

How the re-issued IANA RFP differs from the cancelled RFP

by Sam Dickinson | 25 Apr 2012 |

On 17 April, the NTIA reissued its request for proposals for the IANA contract, having unexpectedly cancelled the previous RFP on 10 March noting that no bidder has reached its criteria.

We have carried out a close review of both RFPs and below is a full summary of the changes. We have also produced an analysis of what these changes may mean both for the current IANA contract holder, ICANN, and for the IANA contract itself.

Sections A through to D are unchanged, apart from fixing up a numbered list that included C.4.2 three times in a row, instead of C.4.1 through to C.4.3.

Page 26:

One new sentence added to end of Section E.1, "Inspection and acceptance":

"The Government reserves the right to inspect the premises, systems, and processes of all security and operational components used for the performance of all Contract requirements and obligations."

Page 29:

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