On April 5th ICA filed a comment letter with ICANN in regard to a proposal to establish a CyberSafety Constituency. While sharing concerns about pornography and other offensive and inappropriate content that children may be exposed when they access the Internet, we urged ICANN to reject the proposal.
As reported on Domain Name Wire here, a recent decision by an arbitrator for the National Arbitration Forum provides another example of a UDRP decision that stretches both the intent of the UDRP and the limitations of trademark law. The panelist ordered the transfer of a seemingly generic domain citing that subsequent registration of a domain name, previously used by a Complainant, automatically indicates bad faith on the part of the new owner unless contrary evidence is provided.
Domainers may think that RPMs are something they can check on their car’s tachometer, but WIPO is proposing a new species of RPMs that have the potential to fundamentally change the domain name dispute arbitration process -- and substantially increase the risk of reverse domain name hijacking – first at new gTLDs, and later at incumbent gTLDs.
What Were They Thinking ? DC Think Tank Proposes to Let Registries and Registrars Run ICANN While Tilting UDRP
The Technology Policy Institute, a Washington-based “think tank”, has just released a report titled “ICANN At A Crossroads: A Proposal for Better Governance and Performance”. The report is available at http://techpolicyinstitute.org/files/icann%20at%20a%20crossroads1.pdf.
On Thursday, March 5, 2009 the ICANN Board listened to the views and concerns of attendees at its Mexico City meeting. The full transcript of the Public Forum can be found at: http://mex.icann.org/files/meetings/mexico2009/transcript-public-forum-05mar09-en.txt.
ICA Counsel Philip Corwin made the following remarks on behalf of ICA’s members (note: transcript edited to correct typos and for grammar and to provide clarity) ---
Dynamic Network Services Inc. conducted a series of interviews with opinion leader attendees at the Mexico City ICANN meeting, including one with ICA Counsel Philip Corwin.
In this interview he discusses the domain name investment and development industry perspective on the protection of trademark rights and geographic names in new gTLDs, as well as the future of ICANN in a post-JPA world.
The ICA is an International Member of ICANN’s Business Constituency. We recently learned that, on February 19, the Generic Names Supporting Organization (GNSO), ICANN’s policymaking body, approved a motion (below) to establish a new Working Group on Registration Abuse Policies (WGRAP).
On Friday, February 6, 2009 an all-day ICANN Policy Forum was held at the headquarters of the U.S. Chamber of Commerce, an imposing 1920s Indiana limestone structure located directly across Lafayette Park from the White House. The event reflects the growing Washington interest in the workings of ICANN as the September 2009 termination date of the current JPA approaches, as well as the substantial concern of the U.S. and international business communities regarding the potential risks and costs of a rapid expansion of the gTLD space.
While the Kentucky Supreme Court takes its time to consider overturning last month’s decision of the state appeals court rejecting Governor Steve Beshear’s attempt to seize 141 domain names on the grounds that they were “gambling devices”, the state of New York wasted no time introducing legislation to avoid any similar disputes over the interpretation of their state’s anti-gambling measures.
On January 27, 2009 the House Committee on the Judiciary adopted a wide-ranging plan for oversight to be conducted by it during the new, 111th Congress. As described below, they plan to delve into ICANN matters at the full Committee level, chaired by Representative John Conyers (D-MI). The Committee’s inquiry will be based upon its jurisdiction over intellectual property and criminal law and is entirely separate from inquiries that may be conducted by the Commerce Committee, which has general oversight over the Commerce Department and ICANN.