New gtlds : a revolution

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New gtlds : a revolution

  1. 1. New gTLDs: the .revolution Is your company eligible? Conditions, procedure and timelineBy Etienne Wery BrusselsAttorney at Law, Brussels and Paris Bars Oct., 13th, 2012Senior lecturer at UniversityULYS (www.ulys.net) © Ulys Law Firm
  2. 2. TimelineJan., 12th, 2012 April, 27th, 2012 It’s open! It’s public! April, 12th, 2012 End of 2012 It’s closed! first gTLDS go live © Ulys Law Firm
  3. 3. Who may apply?• Established corporations, organizations or institutions in good standing. Following companies already declared they shall apply: – MOTOROLA – NOKIA – DELOITTE – IKEA – CANON – HITACHI• Public bodies: – the cities of Paris and Ghent• Applications from individuals or sole proprietorships will not be considered. © Ulys Law Firm
  4. 4. Which conditions?Geographical term : Generic term: .paris .poker Conditions depend on the project Community: Corporate/trademark: .gay .mytrademark © Ulys Law Firm
  5. 5. Which conditions?Geographical term : Generic term: .paris .poker .almost anything 3 to 63 letters; no number; including non-Latin (IDN) Community: Corporate/trademark: .gay .mytrademark © Ulys Law Firm
  6. 6. Procedure Administrative Initial Delegation completeness evaluation Objection filing Extended evaluation Dispute resolution© Ulys Law Firm String contention
  7. 7. Initial evaluation• String Reviews – String similarity – Reserved names – DNS stability – Geographic names• Applicant Reviews – Demonstration of technical and operational capability – Demonstration of financial capability – Registry services reviews for DNS stability issues © Ulys Law Firm
  8. 8. Extended evaluation• An applicant may request an Extended Evaluation if the application has failed to pass the Initial Evaluation on following criteria: – Geographical names – Technical, operational or financial capability – Registry services• Extended Evaluation does not imply any change of the evaluation criteria. It’s an additional assessment based on the same criteria in light of clarifications provided by the applicant. © Ulys Law Firm
  9. 9. String contention• Two or more applicants for an identical gTLD string successfully complete all previous stages of the evaluation and dispute resolution processes. .bud vs bud; mazda vs. mazda; .poker vs .poker, .bank vs .bank, etc.• Two or more applicants for similar gTLD strings successfully complete all previous stages of the evaluation and dispute resolution processes, and the similarity of the strings is identified as creating a probability of user confusion if more than one of the strings is delegated. .poker vs .gaming• Applicants are encouraged to reach a settlement or agreement among themselves. Special rules apply in case of community applications.• Auction: mechanism of last resort © Ulys Law Firm
  10. 10. Objection and dispute resolution (1/2)• String Confusion Objection The applied-for gTLD string is confusingly similar to an existing TLD or to another applied-for gTLD string in the same round of applications. .sex vs. .XXX• Legal Rights Objection The applied-for gTLD string infringes the existing legal rights of the objector. Trademark Tradename © Ulys Law Firm
  11. 11. Objection and dispute resolution (2/2)• Limited Public Interest Objection The applied-for gTLD string is contrary to generally accepted legal norms of morality and public order that are recognized under principles of international law. Anyone may oppose but there is a “Quick look” procedure• Community Objection There is substantial opposition to the gTLD application from a significant portion of the community to which the gTLD string may be explicitly or implicitly targeted. Established institutions associated with clearly delineated communities are eligible to file a community objection. The objector must prove both of the following: (1) It is an established institution and (2) It has an ongoing relationship with a clearly delineated community © Ulys Law Firm
  12. 12. Next round?• 1.000 applications per year maximum• Each application: from 9 to 20 months• No new round before full completion and evaluation of the first one• Next round should not occur before 5 to 10 years• Problem is that next round will inevitably raise more “string confusion” issues. What if .citic is taken and Citibank wants to apply in a couple of years? © Ulys Law Firm
  13. 13. Thank you!By Etienne WeryAttorney at Law, Brussels and Paris Bars BrusselsSenior lecturer at University Oct., 13th, 2012ULYS (www.ulys.net) © Ulys Law Firm

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