Saturday, July 28, 2012

2 public comments for the .WINE new gTLD applications

The "public comments" allow any interested party to comment any new gTLD application in the ICANN new gtLD program.

On July the 27, two comments were submitted by to the applications of 2 of the 3 applicants for the .WINE string:

  1. dot Wine Limited based in Gibraltar (application);
  2. Affilias Limited based in Ireland (application).
The comments were sent to the "Registry Services evaluation Panel" and the subject is "The Rights Protection Mechanisms".

The comment is the same for both applications:

The inclusion of stronger Rights Protection Mechanisms (RPMs) would improve the operation of this applied-for new gTLD. Such additional mechanisms may include, but are not limited to, the blocking mechanism put in place by ICM Registry for the launch of the .XXX gTLD, the blocking mechanism proposed by Uniregistry, Corp. in its gTLD applications, or the Domain Protected Marks List (DPML) proposed by Donuts, Inc. and DMIH Limited in each organizations’ respective gTLD applications.

During the .XXX sunrise registration period, a period where trademark owners are traditionally offered the opportunity to register their trademarks for a premium fee that is then paid every year upon renewal of the registration, ICM Registry also offered a "block" option. In other words, instead of requiring companies to register domain names containing their trademark and pay yearly renewal fees, ICM Registry offered companies the option of 1) choosing the traditional registration, which gives the company the option to use the domain name, or 2) paying a one-time fee to block the name in perpetuity. Internet users who navigated to blocked names would be greeted with a notice that the name was blocked, and the company would not have the option of using it unless it changed to the traditional renewal fee model. This has proved to be a welcome solution for brand owners. Similarly, a DPML blocks the registration of second-level domains that contain, or are a close variant of, a trademark registered in the Trademark Clearinghouse. The crucial difference between this mechanism and many of the post-registration dispute resolution procedures in development, such as the Uniform Rapid Suspension (URS) system, is that it will prevent third parties from infringing on trademarks in the first place, thus saving trademark owners the time and financial burden of pursuing legal action against these parties.

Over 400 applications have included one of these additional RPMs, which are a proactive approach towards rights protection.

Check public comments here.

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