generic top level domains (gTLDs)

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The second day of ICANN49 was “visiting day” for the Generic Names Supporting Organization (GNSO), with various ICANN staff and stakeholder groups meeting with the GNSO. Meanwhile, the Governmental Advisory Committee (GAC), ICANN’s mini-United Nations, huddled in another room, also receiving visitors from time to time.

The GNSO was visited by Cyrus Namazi and others from the Generic Domains Division (GDD), the group within ICANN staff tasked with running the New gTLD Program and dealing with existing gTLDs as well. We received a breakneck summary of the status of applications. Most objections to the new gTLDs have now been resolved – only 14 are still left to resolve. It looks like ICANN will be running some “last resort” auctions to resolve contention sets (where there are multiple applicants for the same domain name). In last resort auctions, ICANN keeps the money paid by the winning bidder. In private auctions or other arrangements, the losing bidder(s) get paid by the winning bidder. The last resort auction is only used where the bidders cannot agree among themselves to resolve the contention set privately (hence the “last resort” name). Some thought there would be no last resort auctions, so this was a mild surprise.

The real surprise from the GDD came out when they announced their intention to measure and track the economic and social impact of the new gTLDs, in order to prepare for round two of new gTLD applications. Round Two? Round Two? Many have asked if there would be a Round Two; now. It appears that Round Two is a “when” and a “how,” not an “if.” For those of you who survived Round One, this is big news. If you felt left out, this is good news. If you are a first round applicant, this may be bad news, as more competition floods the market. If you are a brandowner, still trying to figure out how to police and enforce your trademarks in over 1,000 new domains, be prepared to redouble your efforts. Brandowners should look at Round Two skeptically – is it needed? Can issues in Round One be resolved? Can it be stopped? Be prepared to spend time, money and effort on these questions, if you want to help shape the answers.
Continue Reading Straight from Singapore #2: The Beat Goes On

In the first of what are likely to be many Uniform Domain-Name Dispute-Resolution Policy (UDRP) and Uniform Rapid Suspension (URS) cases related to the new gTLD program, CANYON.BIKE was transferred to Canyon Bicycles GmbH of Koblenz, Germany. This seems to have been a relatively easy decision for the arbitrator, since the Respondent’s defense was “that he registered the disputed domain name to enlarge his network and ‘get in (friendly) contact with Canyon.’ The Respondent submits that a lot of people in the cycling industry did not know of the forthcoming new gTLDs and he therefore registered some domain names ‘to protect companies’ from domain squatting. The Respondent adds that before he was able to contact the Complainant it filed the present Complaint.” The Respondent made this claim even though he was seeking money from the trademark owner for the domain name, and had advertisements at the domain name for the trademark owner’s competitors.
Continue Reading First New UDRP Decision Issued for gTLDs

If you want to avoid being sucker-punched as the Internet Corporation for Assigned Names and Numbers (ICANN) launches new top level domains to compete with .com, .net, .org and others now in use, Reed Smith’s client alert, Clashes, Collisions, Delays and Decisions: ICANN, NTIA, Verisign and ANA Weigh In on ‘Name Collisions’ and the Readiness of the New gTLD Program is a must read. At stake is not just a brand’s intellectual property rights, but also the integrity and security of every company’s network. Be prepared, or be sucker-punched.
Continue Reading The Time to Prepare for ICANN’s gTLD Rollout is Now

I think I’ve finally recovered from my trip to Durban, South Africa, to attend the 47th meeting of ICANN (International Association of Assigned Names and Numbers – the organization that oversees the Internet’s domain name system and everything around it). After blogging from the belly of the beast, I now have the luxury of some perspective on the goings-on in Durban and the results of that meeting. Several important points came out of Durban and a few epiphanies along the way that are worth sharing.
Continue Reading The Download from Durban: Reflections on ICANN 47

Thursday was the last day of ICANN, and two things were eagerly awaited – the Government Advisory Committee (GAC) Durban Communiqué and the ICANN Public Forum. The Durban Communiqué will update the GAC Advice from the Beijing Communiqué, clarifying (hopefully) the GAC’s position on a number of burning issues. The Public Forum is where anyone (in the room or participating remotely) can approach the microphone and ask questions (or make statements) to the ICANN Board and staff……
Continue Reading Dispatch from Durban #6: The Final Countdown (or maybe not…)

On Wednesday, ICANN 47 is in full swing. There are as many as nine meetings going on at once, with overlapping times with even more meetings. Cloning would be a good idea. I’m beginning to figure out tactics for being in two places at one time, some of the time – sitting in one meeting while following the “scribefeed” (live transcription) of another, checking the ICANN “twitterverse” for updates, emailing with colleagues and cohorts from meeting to meeting, etc.
Continue Reading Dispatch from Durban #5: How Can You Be In Two Places At Once, When You’re Not Anywhere At All?

Tuesday is Constituency Day and Music Night. My Tuesday began bright and early with a breakfast for the Commercial Stakeholder Group (CSG) with the GAC. This was our chance to rub shoulders with the government reps. I sat next to the rep from Nigeria and discussed the role of the GAC in the ICANN policy process. We both seemed to think that the GAC should be more closely involved, which would avoid the “parallel tracks” that seem to occur, including with the IOC/RCRC WG. Another highlight – we were actually in a room with windows. Of course, we had the morning sun, so we baked quite nicely.

Constituency Day then moved on to the CSG meeting. The CSG includes the Commercial and Business Users Constituency (CBUC), the Internet Service and Connectivity Provider Constituency (ISCPC), as well as the Intellectual Property Committee (IPC). We are the regular business users of the Internet – those that are not “contracted parties” with ICANN. We heard from several other ICANN groups. Of greatest concern was the presentation from the Security and Stability Advisory Committee (SSAC) – the “name clash” issue has the capacity to compromise the security and performance of thousands of private networks worldwide. This was reported in such a deadpan tone that Mikey O’Connor of the ISCPC pointed out (in an even more deadpan tone), something like: “So, what you are saying is, my house is burning down, my children are inside, there’s gasoline in the garage, and there are no fire trucks in the neighborhood.”

To view our previous update from Monday, please visit:
https://www.adlawbyrequest.com/2013/07/articles/icann/dispatch-from-durban-3-welcome-back-my-friends-to-the-show-that-never-ends/…
Continue Reading Dispatch from Durban #4: In the Belly of the Beast

ICANN 47 kicked off this morning and I have now seen ICANN in all its glory. 1800 delegates, 92 countries. Some participants in African traditional dress; almost everyone else in business casual. The day began with the formal Opening Ceremony and President’s Opening Session. I wish I could tell you it began with the release…

My Sunday started bright and early, with a 7:30 breakfast meeting between the Commercial Stakeholder Group and the GNSO members on the ICANN Board. After admiring the sunrise over the Indian Ocean, I grabbed the shuttle bus for a brief ride over to the land of windowless rooms.

At breakfasts, several concerns were raised. One of these was the “name clash” issue: internal networks (such as most businesses employ) have long used internal top level domains (such as . mail and .corp, among others) for technical purposes. Since these top level domains didn’t exist in the “outside world” this raised no issues. Now that these domains have been applied for, they will exist “outside.” As a result, an Internet user typing in yourname.mail could find themselves in your private network (and while your network might be secured, what if our Internet user is up to no good?). Conversely, your internal network could experience problems where the same domain name exists inside and outside. The extent of this problem is unknown and has only recently been considered. It appears that the risky top level domains could be delayed while this is worked out, but that is far from certain. Also discussed was the heavy funding in the ICANN Budget for “engagement,” (i.e., P.R. and outreach) while compliance appears to get short shrift. Of course, compliance is not sexy or revenue-producing, but without enough “police on the streets” the new gTLD program could be even more dangerous in practice than it appears to be on paper……
Continue Reading Dispatch from Durban #2: The End of the Beginning (or the Beginning of the End?)