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TheDomains.com

Objection To .Earth: We Already Own It & ICANN Awarding It To Any Applicant “Would be Larceny”

August 16, 2012 by Michael Berkens

In interesting objection was just filed with ICANN on the new gTLD .Earth, by John Palmer of American Webmasters, Inc who claims to already own the TLD since 1995 having been granted the TLD by none other than Dr. Jon Postel.

“The TLD “.EARTH” is an existing TLD which is the property of American Webmasters, Inc / dba AGN Domain Name Service, Inc, a Delaware Corporation.”

“We have been operating this TLD since 1995 when we claimed it from IANA (Dr. Jon Postel). ”

“This is documented in the book  “Ruling the Root” by Milton L. Mueller and the records of IANA.”

“ADNS has been operating this as a LIVE TLD in the INS since 1995.”

“It is considered an internet directory and is protected by copyright law.”

“Any attempt to assign this TLD to someone else constitutes larceny by conversion and will be met with litigation and or criminal prosecution of all parties involved, including ICANN and the applicant.”

Between this comment and the 150 or so objections filed by Saudi Arabia , I’m sure ICANN is thrilled it extended the comment period.

Filed Under: ICANN, New gTLD's

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

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Comments

  1. Mike Mann says

    August 16, 2012 at 4:08 pm

    they are like their own mini Olympics with special rules, I wouldnt mess with them

  2. Anon says

    August 16, 2012 at 5:13 pm

    I love it when aggrieved people start threatening criminal prosecution on totally civil matters. I almost always root against them just just for the sheer amusement value of watching their heads explode when they inevitably lose.

  3. Brad Mugford says

    August 16, 2012 at 7:25 pm

    ICANN has other majors issues as well like with .WEB.

    Image Online Design has a .Web application that is still pending.
    ICANN never turned it down. This application predates any other .WEB application.

    Now ICANN has collected 7 applications at $185K each for the extension.

    They could face major legal issues under any scenario –

    – If ICANN awards it to any other company, they could face legal issues with the application that predates the new applications.

    – If ICANN respects the existing application, there could be lawsuits from new applicants.

    – If ICANN doesn’t award the extension and just keeps the application fees it could face lawsuits.

    – If ICANN doesn’t award the extension, but gives refunds, it could set a precedent for refunds, which is something I am sure ICANN does not want.

    There is no good solution for ICANN. Good luck on that.

    Brad

  4. Jeff Schneider says

    August 16, 2012 at 10:04 pm

    Hello MHB,

    This whole gtld debacle is nothing more than a diversionary tactic otherwise known as Media White Noise. Its sole purpose is widely supported by Major Media Companies so as to divert buyers away from the real prize in the .COM vein. This is so evident to anyone with any knowledge about diversionary tactics.

    Gratefully, Jeff Schneider (Contact Group) (Metal Tiger)

  5. L says

    August 17, 2012 at 12:20 am

    So, what you’re saying is that the new gTLD scheme is a conspiratorial ‘diversionary tactic’ to divert people away from .com domains?

    When you type stuff like that, you do believe that there are people out there in the world who read it, then take it seriously?

  6. Grim says

    August 17, 2012 at 1:29 am

    The .EARTH people could learn a little something from how nicely Jack Daniel’s attorney dealt with the infringement of their trademarked logo by the book, ‘Broken Piano for President.’

    http://www.forbes.com/sites/avidan/2012/07/26/the-worlds-nicest-cease-and-desist-letter-ever-goes-viral-sells-books/

  7. G says

    August 17, 2012 at 4:24 am

    L – I certainly wouldn’t take it seriously!

    It sounds like its written by someone that thinks the world revolves around them.

  8. Domo Sapiens says

    August 17, 2012 at 9:55 am

    ICANN’T

    Unnregulated = Unaccountable

    Why nobody foresaw such eventualities?

    The three ring circus will continue…

    (many TM issues are still unresolved)

  9. John Berryhill says

    August 17, 2012 at 9:55 am

    Every time someone figures out what’s going on, someone calls then a conspiracy nut.

  10. Noah says

    August 17, 2012 at 11:19 am

    The only gtld which makes sense is .FAIL since it nicely summarizes this entire gtld effort.

    I think it’s hilareous that Rod Beckstrom lit the dynamite fuse and then ducked out before his silly, ill-conceived gtld plan goes into effect. Not being around when the concept fails and applicants demand their money back is probably a good idea.

  11. BillW says

    August 17, 2012 at 1:08 pm

    @Jefff Schneider- re: your post above. That is one wild conspiracy theory. Even MHB is chuckling.

    At least provide some supporting documents, links, or other proof that would be the norm when going that far out on a limb. You seem to want people to take you seriously, but these kind of remarks that are becoming your hallmark are unfortunately just doing just the opposite. Not trying to being mean, just helpful.

  12. Jeff Schneider says

    August 17, 2012 at 2:58 pm

    @ L

    ” When you type stuff like that, you do believe that there are people out there in the world who read it, then take it seriously? ”

    Absolutely the Smart Marketing Strategists do, that know the game !

    Thanks for bringing this up!

    Gratefully, Jeff Schneider (Contact Group) (Metal Tiger)

  13. BillW says

    August 17, 2012 at 7:38 pm

    @ Schneider – “Absolutely the Smart Marketing Strategists do, that know the game !”

    OK, go ahead and name one or two Marketing Strategists (or mainstream domainers) that would support your gtld ‘conspiracy’ theory.

    IMO the “smart Marketing Strategists” are the ones who marketed to and sold corporate America on getting into, or at least defensive registrations of the new gtlds.

  14. Jeff Schneider says

    August 17, 2012 at 7:58 pm

    @ BillW

    ” IMO the “smart Marketing Strategists” are the ones who marketed to and sold corporate America on getting into, or at least defensive registrations of the new gtlds. ”

    This is not only stupid it is Arrogant!

    The very term Defensive Registrations by definition are complete Obstructions to competitors entering new Businesses. Or otherwise termed as Oligarch Strategies to stifle competition. This may be wise to you but terribly destructive to a Free Marketing System. You will have to do better than this, if you expect to keep up with Progress for all, not just the few!

    Gratefully, Jeff Schneider (Contact Group) (Metal Tiger)

  15. BillW says

    August 17, 2012 at 10:02 pm

    Look behind the curtain Jeff, a few smart people are already minting money off major corporations sheparding them thru the gtld process.

  16. BillW says

    August 17, 2012 at 10:07 pm

    Not to mention the companies offering services to gtld applicants at costs of x,xxx ranging up to xx,xxx to “fire” your digital arrows for you….prior to the flawsthat brought that bad idea crashing down.


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