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Intellectual
Property Constituency Comparison of New TLD Applications |
IPC Evaluation Chart for Proposed
TLD(s)
(Prepared
by the IPC, October, 2000)
Legend
G = Good ------- Favorable approach,
which should be further developed
S = Satisfactory ------- Status quo
with existing TLD policies, or new policies which may not be
objectionable.
U = Unsatisfactory ------- IPC provisions
not addressed or addressed in an unsatisfactory way.
I=Insufficient Information ------- Reference
to IPC provisions, but lacking in sufficient detail.
A.
Does the proposal have a well thought-out plan for allocation
of names during the start up phase of the TLD in a way that protects
the legitimate interests of significant stake holders, including
existing domain-name holders, businesses with legally protected
names, and others with which conflict is likely (i.e. Sunrise
mechanism for registered trademarks)?
B. Does the proposal provide
for a reasonably accessible and efficient mechanism for resolving
domain name disputes (i.e. means for resolving charter violations;
application of the UDRP)?
C.
Has the proponent considered intellectual property protections
for third party interests (periodic sampling to uncover incomplete
contact information; publication of domain name before it goes
live; periodic review of sites to ensure charter compliance;
means for third parties to challenge registration of their personal
names, etc.)?
D. Does the proposal make
adequate provision for WHOIS service that strikes an appropriate
balance between providing information to the public regarding
domain-name registrations in a convenient manner and offering
mechanisms to preserve personal privacy (i.e. access to complete,
accurate, and up-to-date WHOIS data; centralized registry WHOIS;
WHOIS w/o arbitrary limits on the number of hits; multi-field
WHOIS)?
E. Does the proposal incorporate
policies that are likely to discourage abusive registration practices
(i.e. rules governing who may register in a chartered TLD; prescreening
of applications in chartered domains to ensure compliance w/charter;
cancellation of domain for submission of false contact data or
use of a domain name for illegal purposes)?
Proposed TLD(s) |
A |
B |
C |
D |
E |
COMMENTS |
.ads (Name Space) |
U |
U |
U |
U |
I |
(A) No plan for start-up other than reliance
on the introduction of a large number of TLDs to avoid a rush.
(B) No UDRP. (D) Registrants may choose not to have their domain
names listed in any public directories (opt-out). (E) Need more
information on pre-screening. Mandates use of domain name within
a reasonable time, forbids registration for sole purpose of resale,
and prescreens for "(f)amous and well established and recognized
trademarks" (although no such list exists).
Unwise in principle to move ahead on industry-specific
TLDs in which industry has not participated (e.g.,. shoes, .cars,
.travel).
|
.africa, etc. (Rathbawn)
.LLC, etc.
.wap
.sansansan, etc.
.xxx and .sex
.africa
|
U
U
U
U
U
|
S
U
I
U
U
|
I
I
I
S
U
|
S
I
I
I
U
|
G
I
I
S
U
|
General Comment:
The main application and the annexes have some inconsistencies.
For example, in the main application, the applicant states that
there will be a "sunrise" period of one month for "famous"
or "registered" marks to pre-register. However,
several of the annexes specifically state that there will be
no "sunrise" period. Given that the main application
doesn't appear to apply to the individual TLD strings, IPC has
rated each annex that sets forth the criteria related to the
specific TLD.
In general, the annexes describing the specifics
for each of the proposed TLDs either omit or provide insufficient
information with respect to satisfying the BC/IPC principles.
|
.air (Societe Internationale
de Telecommunications Aeronautiques |
S |
S |
S |
S |
S |
(A) Use of domain
name permitted only by accredited air transport related entities.
No special start up procedure and will implement WIPO protection
for well-known marks when specified. (B) Registrants should accept
UDRP. (C) SITA has internal guidelines and processes and will
also follow UDRP. (D) Will have WHOIS. Unclear, however, on prohibition
of false contact data and searchability of WHOIS. (E) Will have
pre-screening. Has mechanisms to avoid abuses and to deal with
if not avoided. |
.biz (Abacus America,
Inc.) |
U |
S |
I |
I |
U |
(A) "Sunrise"
proposal only for "famous marks" in startup,
although no such list exists. Prescreening for same name in other
TLDs. (D) Explanation on WHOIS insufficient. (E) No provision
for cancellation due to false contact data or illegal use. |
.biz, etc. (Affinity
Internet, Inc.) |
G |
G |
G |
G |
S |
(A) Restricted to
active businesses; Registrar performs trademark search if applicant
has no trademark registration for area of business (country).
"Sunrise" for "major marks." (B) Modified
UDRP. Manual examination. (D) Enhanced WHOIS searchability. (E)
Highly restricted domain, and extensive prescreening. However,
no explicit provision regarding cancellation due to false contact
data. |
.biz,
etc. (iDomains, Inc.) |
G |
S |
G |
G |
G |
(A) "Sunrise"
present. (B) UDRP present. (D) "Fat" registry with
query-based searches, and monitored subscription service for
more complex queries across multiple fields. However, monitoring
function of WHOIS subscription service must be clarified. Sampling
of data for accuracy. |
.biz
(JVTeam, LLC) |
U |
U |
U |
S |
U |
(A)
No "sunrise" provision, but will, for a fee, alert
a mark owner of registration of notified marks. Notification
of a trademark is insufficient to block registration by someone
else. (B) Applicant espouses a UDCRP which is a modified version
of the UDRP - it is unclear as to what
the need for a modification of the existing UDRP is. Need for
use of the modified UDRP for charter violations. (C) No sampling;
pre-publication except for those who pay for such a service.
(D) Existing WHOIS, although some concern over how privacy rules
apply and how bulk access is defined. (E) No effort is made to
prescreen; only a self-certification: As a registry it puts enforcement
burden on registrars. |
.biz,
etc (KDD Internet Solutions Co, Ltd) |
U |
S |
S |
U |
S |
(A)
No "sunrise" provision. (B) UDRP. (D) Closed WHOIS
possible. Blanket opt-out of WHOIS. |
.cash,
etc. (Diebold Incorporated) |
G |
G |
S |
S |
S |
(A)
Expanded "sunrise" provision. (B) UDRP present, encourages
further development. (D) Unclear on enhanced searchability of
WHOIS. (E) Commits to suspending registration based on false
contact data, but no third party challenge mechanism provided. |
.co-op, etc (Cooperative
League of the USA) |
G |
S |
S |
I |
S |
(A) Registrations
during start-up phase (6 mos.) is limited to members of NCBA,
who can only register their legal name or obvious abbreviations
thereof. (B) Registrars are required to apply UDRP. (D) Minimal
information on WHOIS (may be status quo). (E) NCBA/ICA will review
applications to ensure their applicants are legitimate cooperative
associations meeting well-established criteria for co-ops. |
.dir (Novell) |
S |
S |
S |
S |
S |
(A) Companies must
have an existing domain name registration in the .com, .org,
or .net domain to register a .dir, and then it is registered
by simply adding ".dir" to the existing domain name,
e.g. "abc.com.dir". Therefore any conflict in the .dir
domain will occur only where there is a corresponding conflict
in the .com, .org, or.net domain; (B) ICANN UDRP applies.
(D) Status quo on WHOIS, etc. |
.dot, etc. (Neustar,
Inc.) |
U |
G |
S |
S |
S |
(A) Application
states that registry will implement "Daybreak/Sunrise"
proposals only if mandated by ICANN; (B) Adopt UDRP, including
provisions for charter violations. (C) Proposes a notification
system where owners of registered marks can enroll their names,
and be notified when someone registers a domain name with that
string. This is solely a notification systemthe trademark
owners only recourse is UDRP or litigation. (D) Status
quo on WHOIS. (E) Same procedures as .com. |
.dubai, etc. (Dubai Technology,
Electronic Commerce and Media Free Zone Authority |
I |
S |
U |
S |
I |
(A)Several
possible approaches are being "considered" establishing
a list of famous marks (to which one could pay to be included),
registered trademarks, etc. "could" benefit from a
"right of first refusal." More definite information
needed. (B) Will adopt existing, or as modified, ICANN UDRP.
(C) No sampling for complete contact information, no prior publication,
etc. (but see vague list at the beginning of E5.1). (D) Teamed
with VeriSign to run the WHOIS system for the Registry; Registrars
will provide all WHOIS information required by ICANN-accredited
registrars. (E) While E5.3 speaks of a "statement of justification,"
a "description of purpose" etc. at the front end, these
measures are only being "considered." No cancellation
for false contact data. |
.event (Internet
Events) |
S |
S |
S |
S |
S |
(A) Closed to public
during six-month startup period. (B) Follow UDRP. (C) Failure
to comply with restrictions may lead to revocation. (D) WHOIS
available through registry and registrars. |
.fin (Association
Monegasque des Banques) |
U |
S |
G |
S |
S |
(A) No "sunrise"
provision. (B) Follow UDRP and UNCITRAL. (C) Thirty-day waiting
period before registration and publication of application. (D)
WHOIS is gTLD status quo plus fat registry and possibly
additional search capabilities. (E) Prescreening limits those
becoming registrants. Registration criteria and cancellation
procedures should be better spelled out. |
.find
(Monsoon Assets) |
I |
S |
I |
U |
I |
General
Comment: The Description of TLD Policy
covers .find as an alternative. As this is a directory service
the questions are not fully applicable. This appears to be essentially
a search engine for Yellow Pages directories. No URLs in
this TLD will be registered; there are no registrars; no discussion
of WHOIS. |
.firm
(Eastern Communications) |
U |
S |
S |
S |
S |
(A) Prescreening for famous and well-known
marks, but no "sunrise" period. IPC notes that no famous
marks list exists. (B) Will follow UDRP and will introduce mediation,
if both parties agree. (D) WHOIS is status quo. (E) Will follow
WIPO Study Annex IV to address abusive domain name registrations.
Unwise in principle to move ahead on industry-specific
TLDs in which industry has not participated (.game and .tours).
|
.geo
(SRI International) |
G |
S |
G |
G |
G |
(A) Trademark-type search prior to accreditation
(registration), followed by a sixty-day opposition period. (B)
Will adopt the UDRP.
(D) WHOIS at registry level with enhanced
searchability. (E) Appears to accept responsibility for notice
and take down under DMCA, though this needs clarification. This
TLD is invisible to end-users.
|
.health
(World Health Organization) |
S |
S |
S |
U |
S |
(A)
Startup period of three to six months with stringent screening.
(B) UDRP will be adopted. (D) Less than full range of status
quo data elements will be made public via WHOIS. (E) Revocation
possible for abusive practice. |
.i
(Sarnoff Corporation) |
G |
S |
G |
U |
G |
(A)
"Daybreak" period provides preemption for trademark
owners. (B) UDRP followed in all contracts. (C) Will use a takedown
provision for similar domains names registered after registrant
found to be a bad faith registrant in UDRP. (D) Only registrant
name and number of registered domains will be available via WHOIS.
All other information requires attorney certification and only
for trademark purposes. (E) Registrations non-transferable. |
.info,
etc. (Affilias, LLC) |
G |
G |
U |
S |
I |
(A)
Institution of "sunrise." (B) UDRP and dispute resolution
procedure during "sunrise" period. (C) No periodic
sampling to uncover incomplete contact information and no publication
of domain name before it goes live. (D) Registry level WHOIS,
lists information that will be made available, enhanced searchability
available, but for a fee. (E) No information referring to cancellation
due to false contact data. |
.jina,
etc. (The Global Name Registry, Limited) |
U |
U |
I |
U |
U |
General Comment:
Application sorely lacking in the necessary protections.
Most obvious was the apparent confusion created by the application.
The application purports to be for "personal names for personal
use"; however, the application goes on to indicate that
this is an "unrestricted" TLD. While the application
has put some procedures in place, the proposed procedures are
totally inadequate.
No provision for cancellation due to false
contact data; registrar WHOIS obligations unclear; reference
to notice and take down unclear.
|
.kids
(Blueberry Hill Communications) |
U |
S |
S |
S |
U* |
General Comment:
This proposal offers nothing new with regard to IP protection.
Throughout the application, the applicant states that the UDRP
is the appropriate vehicle for resolving disputes, but is vague
as to how this would be accomplished.
(A) No "sunrise" provision in accordance
with IPC guidelines. (B) The application does call for a modification
of the UDRP to handle disputes between legitimate rights holders
during the "sunrise period," that would then disappear
at the end of the "sunrise period." The application
only provides "enhanced" protection for trademark holders
that provide an affidavit. This affidavit is drafted to prove
fame of the mark and the last two paragraphs of the Affidavit
are somewhat disturbing. (D) Status quo on WHOIS. (E) *Although
not every open TLD is unsatisfactory, the IPC has concern that
the .kids designation is misleading, in that the public will
likely regard it as a restricted TLD.
|
.kids
(by DotKids, Inc.) |
U |
S |
I |
I |
U* |
(A)
The application does propose a "sunrise proposal,"
but it talks in terms of "globally recognized" trademarks.
No "globally recognized" mark list exists. The application
also indicates that the cost of such registration would be prohibitively
expensive. The proposal contains several statements indicating
DotKids, Inc. willingness to work with IP owners to ensure
IP protection; however, the proposal is very short on any type
of specifics in this regard. (D) Fat registry WHOIS, but the
absence of some specifics leaves open questions (e.g., how many
hits will be available, what type of searching can be done, etc.)
(E)* Explicit reference to cancellation for bad data. Lastly,
while not technically a chartered TLD this application does indicate
that it will have a contractual provision with regard to the
type of content a registrant may provide in the proposed .kids
TLD. Need to incorporate registration restrictions into a charter. |
.kids
and .xxx (ICM Registry) |
S |
G |
G |
G |
G |
(A)
Positive that "sunrise" applied to registered trademarks,
but cannot endorse use of "sunrise" for common law
marks. (B) Advocates UDRP, has means for resolving charter violations.
(C) Confirmation of payment, strong back-end charter compliance
checks. (D) Centralized registry is positive aspect, mentions
"up-to- date," some concern over subscription service
($200/yr), needs more detail on what type of information will
be made available, monitoring function of WHOIS subscription
service must be clarified; (E) Negative - no provision for prescreening
to ensure charter compliance, positive is provision for cancellation
of domain name when false contact data is provided, contact point
for reporting instances of charter violations or use of site
for illegal purposes. |
.kids
(.KIDS Domains, Inc.) |
U |
S |
G |
S |
S |
(A) Limits "sunrise" to marks on
"famous" list (although no such list exists) and only
to marks that are registered in the U.S., which overlooks other
national trademark registries (E. 15); (C) detailed process for
charter compliance audits, maintenance of IP advisor.
General Comment:
IPC appreciates reference to 8/24 IPC paper. However, more detail
is needed. Particularly with respect to (D) and (E).
|
.law
(dotlaw, Inc.) |
U |
S |
U |
U |
S |
(A)
"Sunrise" only covers law firms, not registered trademarks.
(B) Positive adherence to the UDRP. (C) No review for incomplete
information or charter compliance. (D) Only technical information
in WHOIS, no reference to accuracy of information, no "up-to-date,"
no reference to # of "hits," etc. (E) Language regarding
evaluation of applications and prescreening. |
.mall,
etc. (Commercial Connect, LLC) |
S |
S |
U |
I |
U |
(A)
"Sunrise" provision present. (B) Will adhere to UDRP.
(C) No references to registry obligation to check information
or ensure charter compliance. (D) Positive that application calls
for centralized (fat) registry, but unclear. Little information
is provided re: WHOIS. (E) objects to pre-screening. Barely restricted,
but no 3d party challenges allowed to registration. |
.mas
(Nokia Corporation) |
U |
U |
U |
U |
U |
General
Comment: The proposal is flawed from
an IPC perspective because (1) it imposes an undesirable and
unattainable burden on trademark agents and legal practitioners;
(2) it merely shifts the problems we have and are facing from
the second-level domains to the third-level domains; and (3)
it bears little or no resemblance to existing or emerging legal
principles regarding domain name disputes. Lacks detail
on WHOIS. |
.mus
(Museum Domain Management) |
S |
S |
G |
U |
G |
General Comment:
Favorable attributes include, e.g., electronic verification against
database; domain name designations to be clearly derived from
museum's name; a novel "cooling off" period of five
days post-registration; and pre- and post-screening to ensure
that applicant/registrant actually meets or can meet the criteria
as a "museum" and has demonstrated such ability in
its submissions.
(A) No "sunrise" needed, as registrants
must be on a dedicated list. (D) WHOIS limited to registrant
name and mailing address.
|
.nom
(CORE Internet Council of Registrars) |
U |
S |
S |
U |
I |
(A)
Appears to limits "sunrise" to marks on "famous"
list. No "famous" mark list exists. Uncertain as to
how this would work. Needs more information. (D) Very weak on
WHOIS, reliance on "designated agent for contact" of
registrant. (E) Uncertain as to how prescreening during registration
process would work. |
.nom
(dotNOM Consortium) |
U |
S |
U |
U |
U |
(A)
No "sunrise." (B) Adheres to UDRP, but no provision
for charter violations. (D) Would provide WHOIS like that of
dotTV (no public access except upon individual request to registry). |
.one |
S |
S |
I |
S |
S |
(A) No "sunrise," because limited
to numeric SLDs. (B) Adheres to UDRP. (D) Fat registry WHOIS
model; applicant should clarify full public availability unless
specifically restricted by applicable law.
Note: character-based
SLDs might be considered at a later date, subject to IP considerations.
|
.per |
U |
U |
U |
U |
U |
(A)
No "sunrise." (B) Adheres to UDRP, but proposes a "Uniform
Charter Dispute Resolution Policy" that is unclear and appears
to be too limited in scope. (D) Essentially unrestricted domain;
WHOIS data collected on "opt in" basis; fat registry
(but with nothing in it). |
.pid
(Dada Spa) |
U |
S |
S |
U |
S |
General
Comment: Opt out for all WHOIS data.
Most restrictive of personal name TLDs (must use own surname). |
.post
(Universal Postal Union) |
U |
I |
G |
S |
S |
(A) No "sunrise." (B) Prefer to
resolve disputes and many other concerns by UPU policies, and
only refer to the UDRP as a last resort. Insufficient information
about the efficacy of UPU policies and experience with UPU disputes
to comment on short notice on whether such remedies will prove
adequate when applied to internet disputes.
(D) Appears to be status quo with respect
to WHOIS.
|
.pro
(DotPro Consortium) |
S/U |
S |
U |
U |
U |
(A)
Has "sunrise," but does not limit to registered marks.
Proposes auctions, which are typically viewed by the trademark
community as problematic. (C) No periodic sampling to uncover
bad contact data. (D) Short on specifics as to what information
WHOIS would contain. WHOIS follows dot TV policy (i.e., no public
access except upon individual request to registry). |
.pro
(RegistryPro, Ltd) |
G |
S |
G |
S |
G |
(A)
"Sunrise" period for registered trademarks. (B) UDRP,
court decisions, domain name will be placed on hold during a
dispute. (C) Possibility to remove a domain name if a registrant
cannot prove his "professional" status. (D) Fat registry
WHOIS model with pledge of more robust searchability in future.
(E) Restricted TLD all applicants will have to prove that
they are qualified, makes cybersquatting less possible and less
attractive. |
.tel
(Pulver, Peek, Marschel) |
S |
S |
I |
I |
G |
(A)
No "sunrise" as it is deemed not necessary "all
domain names are essentially predetermined" under the .tel,
but what happens if a telephone number also is a trademark? (B)
Adoption of iTABs dispute policy (a shared Conflict Resolution
Tool), UDRP only as a "last resort," ITABs policy
however likely sufficient for telephone numbers. (D) Fat registry
WHOIS model, but query deletion of "web-based" and
"public" from standard agreement. (E) Due to the nature
of .tel, TM infringements are less likely compared to open TLDs.
ITU standards are used to identify applicants. |
.tel
(Number .tel LLC) |
S |
S |
S |
S |
S |
General
Comment: Given the nature of the proposed
TLD, the proposed mechanisms are satisfactory. |
.tel
(Telnic Limited) |
U |
I |
I |
S |
I |
(A)
No "sunrise" and appears not to be limited to numbers.
Use of auctions deemed risky. Often used words "may"
and "likely" leave a lot of unanswered questions with
respect to IP protection. WHOIS provisions appear to follow gTLD
status quo. |
.travel
(International Air Transport) |
U |
S |
G |
I |
G |
(A)
No "sunrise" provision. (B) Will adhere to UDRP. (C)
Encouraged by monitoring procedures, publication of applications.
(D) Talk of "minimum amount of information" in WHOIS,
"may" decide to provide more expansive WHOIS. (E) Prescreening,
undertaken. |
.union
(ICFTU) |
U |
U |
U |
U |
U |
General Comment:
The application itself states that the guidelines on domain name
use in this TLD are still in draft form and "are likely
to run" as set forth in the application. As a result, much
more specifity is required before the TLD policies set forth
therein can be found satisfactory, let alone good.
(A) There is no "sunrise" mechanism
for registered trademarks covering union-related services. There
was no express provision requiring prepayment of the registration
fees, or certification that all statements in the application
are true. In addition, there is no requirement that an officer
of the union registering under this TLD represent/warrant it
has the authority to act on behalf of that union.
(B) There is no mechanism for resolving charter
violations. Also, it appears the only way to challenge a registrants
qualifications to register under this TLD is through an adjudication
panel made up solely of union-type members (no ip representation)
and not the UDRP.
(C) The only intellectual property protection
provided is publication of the domain name before it goes live,
BUT the publication period can be waived under certain conditions.
(D) There is no requirement for the registrant
to keep the data current. The application simply refers to a
"standard" WHOIS service without any details.
(E) The application specifically states that
there will be no pre-screening of registrations for infringements
of intellectual property rights. In addition, registrations will
only be subject to greater scrutiny during the "start-up"
period (there is discretion whether to extend past the start-up
period. However, it states that in the majority of cases, applications
would not be closely tested according to the "bona fide
trade union organizations" criteria, and instead a fast
track mechanism would approve the majority of registrants without
the need for close scrutiny. Moreover, the TLD applicant is relying
on the restrictions on which organizations have the right to
register names as the best guard against abusive behavior, but
the trustees reviewing such information do not include parties
representing intellectual property interests.
|
.web
(Image Online) |
U |
S |
U |
S |
U |
(A) The application contemplates the validation
of its pre-registration of .web domain names, clearly in contradiction
to ICANN and the Names Councils press release. Moreover,
the application specifically rejects a "sunrise" type
proposal. Trademark owners have preemptive rights to challenge
existing .web applications, however, unlike a "sunrise"
provision where trademark owners are the first to file, there
is a phase in period during which trademark holders can place
existing .web registrations (i.e., presumably those that have
also been pre-registered) on hold pending the resolution of a
dispute under either the UDRP or a court of competent jurisdiction.
(B) The application states its adherence to
the UDRP, and since this is not a restricted TLD, there are no
provisions regarding charter violations.
(C) Intellectual property protections for
third party interests such as periodic sampling to uncover incomplete
contact information; publication of domain name before it goes
live; periodic review of sites to ensure charter compliance;
means for third parties to challenge registration of their personal
names are not provided. The applicant relies on the preemptive
rights mentioned above and the UDRP/courts.
(D) The application states that the publicly
accessible look-up system WHOIS currently in use offers sufficient
search capabilities for trademark holders, and thus does not
specifically cover the provisions in the IPC Guideline paper.
(E) While the application n provides for prepayment
of the registration fee, there is a provision that allows customers
with established credit a limited amount of time to pay. Assuming
the amount of time is truly limited (i.e., days), this appears
reasonable.
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