False Promises at the Top Level (TLDs)
- The fact that established corporations, organizations and institutions are the only ones eligible to apply is not a safeguard. Criminals are not limited to those without financial and technical means. Moreover, Kurt Pritz testified that ICANN expects between 500 – 1000 applications to be submitted in spite of the exorbitant application fee.
- Although there are objection processes at the top level, filing and adjudication costs can cost upwards of $100,000 per objection.
False Promises at the Second Level (SLDs)
- The Trademark Clearinghouse Database is structured to report to registries only when potential registrants attempt to register a domain name that is considered and Identical Match. This does nothing to help enforce against typo-squatters.
- Despite its repeated position that all trademarks should be treated alike, the ICANN Board has singled out certain categories of marks from inclusion in the Clearinghouse. These include .TLD marks, marks within any opposition period and those that were subject to invalidation, cancellation or rectification.
- Trademark Claims service, a rights protection mechanism in which new TLD Registry Operators must provide clear notice of the scope of trademark holders’ rights to potential registrants, is only mandatory for the first 60 days that registration is open for general registration.
- Sunrise services is a rights protection mechanism in which new TLD Registry Operators, during the pre-launch phase, must notify trademark holders in the Clearinghouse if someone seeks to register a domain name using their trademark. This is limited to Identical Matches and is only required for 30 days.
- Sunrise is a period of exclusive registration prior to general registration in which trademark owners may registered desired second-level domains with new TLDs. However, it is limited to owners of registered marks for which “use” has been demonstrated.
- Uniform Rapid Suspension is a rights protection mechanism by which trademark owners can allegedly “freeze” infringing domain names where there is no genuine contestable issue as to the infringement and abuse that is taking place. However, this mechanism is only available to owners or registered marks for which “use” has been demonstrated.
- In addition to the significant gaps in protections mentioned above, ICANN has failed to address, and continues to ignore, the steep financial burden that brand owners must incur to take advantage of these protection mechanisms.
IT IS TIME FOR ICANN TO ADOPT THE DO NOT SELL LIST.
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