U.S. “remote participants” who rose long before dawn to monitor the ICANN Board/GAC discussions awoke to a bad dream as the talks reached an impasse on nearly all issues, including how to move forward. By the close of the morning session – after Board member Cherine Chalaby remarked that “the energy level has dropped” within the meeting room — the …
Brussels Day One – ICANN Board and GAC Parry on New gTLD Trademark Protections
ICANN’s Board and its Governmental Advisory Committee (GAC) engaged in a preliminary discussion of trademark protections for new gTLDs on day one of their conclave in Brussels, with more intensive exploration slated for day two. The topic was scheduled for an initial thirty minutes exploration but received somewhat more time, not surprisingly given its importance and complexity. Mark Carvell of …
ICA Tells Department of Commerce that USG and GAC Scorecard Goals Could Undermine ICANN’s Multi-Stakeholder Model While Trampling on Registrant Rights
The ICA has just dispatched a letter to Assistant Secretary of Commerce Lawrence Strickling in advance of the talks scheduled in Brussels on February 29-March 1 between ICANN’s Board and its Governmental Advisory Committee (GAC). Our letter expresses strong concerns that the positions being advocated by the U.S. government and the GAC regarding the proposed Final Applicant Guidebook (AG) for …
Google is Missing “Elephant” Not in the Room at Senate Domain Seizure Hearing
On Wednesday, February 16th the Senate Judiciary Committee held a hearing titled "Targeting Websites Dedicated To Stealing American Intellectual Property" (hearing webcast and all witness statements are available at http://judiciary.senate.gov/hearings/hearing.cfm?id=4982). Not surprisingly, all those present – Senators and witnesses alike – agreed that with websites specializing in the unauthorized distribution of copyrighted works and counterfeit goods were a serious problem …
ICANN Releases Briefing Papers for Brussels Board/GAC Consultation – Trademark Paper Notes that GAC Positions go Beyond IRT Recommendations
ICANN has just made available ten separate briefing papers meant to serve as background documents for the upcoming Board discussions with the Governmental Advisory Committee (GAC) scheduled for Brussels on February 28 through March 1 (announcement and documents available at http://www.icann.org/en/announcements/announcement-6-21feb11-en.htm). According to ICANN, “The aim of the briefing papers is to identify the areas of difference which remain between …
ICANN Initiates UDRP Reform
ICANN’s lead policymaking body has just initiated a UDRP reform process. Meeting telephonically on February 3, 2011, the Generic Names Supporting Organization (GNSO) adopted a series of Resolutions in response to the Report of the Registration Abuse Policy Working Group (RAPWG). ICA actively participated in the RAPWG. Resolution #2 is the one that kicks off the UDRP reform process. Its text …
The U.S. “Scorecard” for Brussels Proposes Draconian Trademark Rules – And May Mean the End of Unlimited New gTLDs and/or the ICANN Experiment in Private Sector-Led Internet Governance
On Friday, January 28th the U.S. Department of Commerce (DOC) circulated its submission to ICANN’s Governmental Advisory Committee (GAC) containing suggestions for what positions the GAC should push for at its February 28 – March 1 meeting with ICANN’s Board to air disagreements over provisions of the Proposed Final Applicant Guidebook (AG) for new gTLDs. While it remains to be …
ICA Urges Majority Rule Test for UDRP “Three Strikes” Criteria and Automatic Disqualification for Serial Domain Hijackers
The Internet Commerce Association has just filed supplementary comments with ICANN regarding the proposed test for automatic disqualification of applicants for new gTLDs. ICA had previously advised ICANN on December 9, 2010 that the “three strikes” test for UDRP losses needed to be refined to take into account an applicant’s domain portfolio size as well as overall UDRP decision history. …
DOC Should Support UDRP Reform
Back in November 2010 we noted that the U.S. Patent and Trademark Office, under Congressional mandate, was soliciting comments regarding how trademark “bullies” abuse the judicial system. (See https://www.internetcommerce.org/PTO_Asks_for_Data_on_Trademark_Bullies). ICA has just filed a comment letter with the USPTO urging that the Department of Commerce, especially through the National Telecommunications and Information Administration, engage with ICANN to encourage meaningful and …
ICANN Takes ICA Advice and Extends Comment Period on New gTLD Applicant Guidebook
On Monday, December 6 – the opening day of ICANN’s Cartagena meeting – ICA filed a request that ICANN extend the deadline for comments on the proposed Final Applicant Guidebook for new gTLDs by 2-3 weeks beyond its original end date of Friday, December 10. Our letter (available at http://forum.icann.org/lists/5gtld-guide/msg00021.html) stated in part: The 28 days allowed for comment on …