Looking at the draft flow chart that ICANN has posted for the process of obtaining new extensions, it looks like it may not be a quick and easy process as the press described.
Certainly you can count next year out.
An extension can be knocked out by if it is “too similar to reserved names or existing TLD’s and /or likely to cause instability.”
If it passes that test it still can be knocked out if someone files an objection, on any one of 4 grounds:
- String Confusion
- Existing legal rights
- Morality and Public Order
-
Community Objection
Interesting that one of the objections is stated as “existing legal rights” which is very ambiguous which would certain go further than just trademarks and may cover,
as discussed a few days ago, keywords on the left side of the dot trying to be made into a keyword on the right of the dot, especially for long established sites.
I am assuming number 3 should eliminate .xxx or icann can expect a flood of lawsuits.
I think ICANN can expect a flood of lawsuits, period
I suppose this also eliminates any typo extensions, such as .cim, as that would surely be considered to be too similar to .com.
That’s quite a chart. Obviously where the $10m went. When are they going to ask end-users and corporations and make decisions based on market need? Like putting a pets.com spot on the Super Bowl without testing the logic of someone paying $5 to ship a 29 cent squeaky toy before hiring 1000 people to start packing them.
Mark
I agree, typo extensions are not going to be allowed.
Hi all,
In Paris, the staff claimed that the bar was going to be high for opposition for reason of moralality or public order. There were a lot of questions trying to get the staff to be clearer about what that meant by a high bar without much of an answer.
Secondly, as with UDRP complaints, there is going to be a fee to file an opposition against new TLDs. I think that the fees will be much greater than UDRP fees and the TLD applicant will probably have to pay a fee to defend the opposition as well.
Michael excellent post, I put it in a thread on Namepros with a link to here
Michael
Did anyone ask about .xxx for example?
Would that domain pass this morality clause??
What do you think “existing legal rights” covers, more than trademarks?
Finally “community objection”, is that the same as where the adult website were against .xxx a year ago and that was cited as one of the reasons for rejecting the application??
thanks
Likely that few attempts to stop/gain new tlds will be finally settled at the ICANN level; especially where one is approved over the objections of another; and further even more so where the party objecting has substantial financial assets.
The cost to obtain a new tld; especially where they’ve been awarded after heated auctions among financial elephants; will total amounts far higher than many might imagine.
The big battles will only be settled in national and international courts, as they are far out of WIPO and NAF’s leagues; and will make court actions over mere individual domains look like small claims actions in comparison.
An entirely new legal specialty will rise up to meet this demand…and by 2015 at least one case will reach the Supreme Court.
Yes; this is going to be fun and entertaining to watch.
New domain name ext. – as per Steve M = this is going to be fun and entertaining to watch