As we have previously reported, ICANN is still proceeding with the expansion into generic and brand-driven top-level domains, gTLDs (generic top-level domains), allowing alternatives to .COM, .ORG, .BIZ, etc, such as .YOURCOMPANYNAME. The new gTLDs may also expand to include IDN gTLDs in addition to the new IDN ccTLDs. While ICANN has recently released for review and comment the Third Draft Applicant Guidebook relating to the proposal, it appears that the timeline for implementation has slowed down. At its recent meeting in Seoul, Korea, indications from the Board of ICANN were that there may be at least one more draft Guidebook prior to a Final Guidebook. These delays are due to significant disagreements amongst competing interests in the internet community, and the calls to further evaluate difficult issues. These include: conducting economic analysis to determine whether new gTLDs are necessary; analyzing the cumulative effect of the new IDNs and other implementations on the scalability of the domain name system; weighing additional considerations relating to trademark protection; and appointing evaluators for the new gTLD application process.
In the latest draft of the Guidebook, ICANN included some recommendations by the Implementation Response Team (IRT) concerning trademark protection. The IRT included members of the Intellectual Property Constituency (IPC) comprised of representatives from a variety of constituencies, including private practitioners, in-house attorneys for brand owners, registry and registrar representatives, and other domain-name and trademark experts from around the world. The recommendations included in the Draft relate to a number of trademark-owner protection mechanisms. These include a requirement for a registry to maintain a thick WHOIS database at the registry level, rather than the current method of WHOIS information being provided at the registrar level, to provide further safeguards for the maintenance of accurate information. In addition, there are provisions for creation of an IP Clearinghouse, which would make verification of rights easier when a new gTLD is in a sunrise period prior to launch. The Draft also includes the creation of a Uniform Rapid Suspension System ("URS"), which is a post-delegation dispute-resolution mechanism intended to address the most obvious cases of trademark infringement and cybersquatting more swiftly and economically. However, the Globally Protected Marks List, which had been proposed earlier, was not included in the Draft.
The Third Draft Applicant Guidebook is subject to a public comment period, including trademark protection solutions, until November 22, 2009. It is anticipated that following the comment period, and after further discussion and studies amongst the constituencies and ICANN, that another draft of the guidebook would be issued in Q1 of 2010. Rather than provide another timeline that it would not be able to meet, ICANN has chosen to further address a variety of issues in the time necessary to properly achieve a sound implementation, instead of hastily proceeding at the expense of proper protection mechanisms. As a result, implementation of the new gTLD program may be delayed until mid 2010, if not later. Comments on the guidebook, along with comments on other pending ICANN proposals, are encouraged by interested parties, and can be lodged at www.icann.org.
Vol. 53, June 2010