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Old 16th April 2011, 11:19 AM
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New Draft of the Applicant Guidebook for New gTLDs is Available for Public Comment

http://icann.org/en/announcements/an...15apr11-en.htm
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Old 16th April 2011, 09:19 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

Thanks for posting this!

This part of the document looks pretty important: http://icann.org/en/topics/new-gtlds...15apr11-en.pdf

It states that all new gTLDs will have a mandatory Sunrise period. Trademark holders can apply for domain names during this time. According to the document, to show you have a trademark, you have to provide evidence that you have registered the trademark in some jurisdiction, and you have to show at least one example of how you have used the trademark in commerce.

What this means for IDNers: This new rule (if it makes it into the final Guidebook) will apply to Verisign's transliterations of .com and .net. So for example, if someone has registered a trademark for спорт (Russian for sport), and they can show proof of use (for instance, they can show that they marketed a "Спорт" line of t-shirts), then they can apply for спорт.ком during the Sunrise period.

It is not clear to me how this will affect the rights of the owner of спорт.com; we will want to monitor this carefully. I'm sure that Verisign will be looking at this closely as well; I doubt they would want спорт.ком and спорт.com to have different owners.

Avtal

Last edited by 555; 16th April 2011 at 10:04 PM..
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Old 16th April 2011, 09:44 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

If you search the document, it does not once mention IDN. Bloody Typical.

Quote:
Originally Posted by Avtal View Post
Thanks for posting this!

This part of the document looks pretty important: http://icann.org/en/topics/new-gtlds...15apr11-en.pdf

It states that all new gTLDs will have a mandatory Sunrise period. Trademark holders can apply for domain names during this time. According to the document, to show you have a trademark, you have to provide evidence that you have registered the trademark in some jurisdiction, and you have to show at least one example of how you have used the trademark in commerce.

What this means for IDNers: This new rule (if it makes it into the final Guidebook) will apply to Verisign's transliterations of .com and .net. So for example, if someone has registered a trademark for спорт (Russian for sport), and they can show proof of use (for instance, they can show that they marketed a "Спорт" line of t-shirts), then they can apply for спорт.ком during the Sunrise period.

It is not clear to me how this will affect the rights of the owner of спорт.com; we will want to monitor this carefully. I'm sure that Verisign will be looking at this closely as well; I doubt they would want спорт.ком and спорт.com to have different owners.

Avtal
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Old 16th April 2011, 10:03 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

Avtal wasn't we through all that? If you can, please explain how can ICANN allow e.g you to own Спорт.com and Nike Russia division Спорт.ком? IDN's are part of the new gTLD program but the last thing they can be considered are new gTLD's, they are an addition/aliasing/variant of an existing gTLD which has been existing in ASCII for 25+ years, has IDN's older then 10 years, and were handled via the regular wipo/udrp channels, not sure how you see that ever changing?

Last edited by 555; 16th April 2011 at 10:04 PM..
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Old 16th April 2011, 10:18 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

Quote:
Originally Posted by 555 View Post
Avtal wasn't we through all that? If you can, please explain how can ICANN allow e.g you to own Спорт.com and Nike Russia division Спорт.ком? IDN's are part of the new gTLD program but the last thing they can be considered are new gTLD's, they are an addition/aliasing/variant of an existing gTLD which has been existing in ASCII for 25+ years, has IDN's older then 10 years, and were handled via the regular wipo/udrp channels, not sure how you see that ever changing?
555,

I agree with you that the most logical result, and the most likely result, is that Спорт.com and Спорт.ком will have the same owner. But this new requirement for a Sunrise period means that Verisign will have to do more work in order to ensure a reasonable outcome. ICANN continues to make it more and more difficult for Verisign to do the right thing.

Avtal
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Old 16th April 2011, 10:25 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

Logical is nice, but this world isn't always logical, impossible is another issue, and anyone other then the same registrant controlling both or more of the same name variants is impossible, and truly that's nothing to do with what verisign wants as we discussed before, it's about what ICANN can do within it's policies and on that specific case it is more then clear they can only do what we heard they plan to do, in numerous occasions from all involved.

In any event, it's all fun and games now, but in 12 months (Russian specifically) imo may already be in the root and from what i see it's a few months after at the most pessimistic scenario.

.xxx is live in under 30 days from approval, even if foolishly ICANN makes registries wait through the 4 month marketing and communications campaign you can expect verisign to officially ask for .ком in Nov and that possibly explains how i formed my opinion.

It's all money time now, start counting back 12 months.
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Old 16th April 2011, 11:54 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

Quote:
Originally Posted by Avtal View Post
555,

I agree with you that the most logical result, and the most likely result, is that Спорт.com and Спорт.ком will have the same owner. But this new requirement for a Sunrise period means that Verisign will have to do more work in order to ensure a reasonable outcome. ICANN continues to make it more and more difficult for Verisign to do the right thing.

Avtal
To be consistent, the requirement will be that Спорт.ком (not just Спорт) had to have been registered and used as a trademark before Спорт.com was registered.
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Old 17th April 2011, 12:56 AM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

Quote:
Originally Posted by Explorer View Post
To be consistent, the requirement will be that Спорт.ком (not just Спорт) had to have been registered and used as a trademark before Спорт.com was registered.
I don't think it's so simple but even if it is, i think it should be clear that it will be reviewed in a UDRP process and not at all in a sunrise period like a new gTLD .whateverINascii

If you search for קום TM's in Hebrew the only one i found for a domain.extension is for מבשרת.קום (which was bought from domain the net, the people who sell plug in 'domains' in Israel for many years).

מבשרת is a good example of why i don't think it is as simple or clear as explorer mentions, the word has got multiple meanings, it's a geographical name, it's an uncommon girl's name and it's a generic word on it's own and regardless of the additional two meanings.

Speaking of domain the net, They applied for .קום in 2006 and deserted in 2009 http://www.trademarks.justice.gov.il...mcaseid=161537
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Old 17th April 2011, 02:41 AM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

The interest group with the most connections to ICANN, with finger on the pulse and most listened to will get what they want.

That would be the IP industry rather than Registrant, who pay for the whole show.

The IP industry have forced this into every new gTLD. Do you think they did it with US in mind. Fwaaaaarp.

What we need to do right now is ask sites like NameDrive to allow us to brand [russian].com sites as [russian].kom etc, so we have "use in commerce". Then we have to go get TM's for our most valuable domains, or else we won't get to play the game.
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Old 17th April 2011, 06:34 AM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

Quote:
Originally Posted by Drewbert View Post
What we need to do right now is ask sites like NameDrive to allow us to brand [russian].com sites as [russian].kom etc, so we have "use in commerce". Then we have to go get TM's for our most valuable domains, or else we won't get to play the game.
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Old 17th April 2011, 02:09 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

Came across this somewhat relevant article: http://work-vault.com/domain-names-d...ademark-myths/
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Old 17th April 2011, 02:21 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

Quote:
Originally Posted by Drewbert View Post
ask sites like NameDrive
Emailed them, RD will talk to Sedo
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Old 17th April 2011, 02:44 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

Quote:
Originally Posted by 555 View Post
Emailed them, RD will talk to Sedo
They only seem to understand a very glutteral language where most of the words begin with F.
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Old 17th April 2011, 03:44 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

Anyone give a quick summary of how things have changed since the last draft, if any?

Are we suddenly into a "sunrise period" shithole or has nothing really changed?

All views from all esteemed members welcome!!
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Old 17th April 2011, 04:03 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

AGB Various versions: http://www.icann.org/en/topics/new-gtlds/dag-en.htm

Nov 10 version: There are two main elements of the Initial Evaluation:
1. String reviews (concerning the applied-for gTLD
string). String reviews include a determination that
the applied-for gTLD string is not likely to cause
security or stability problems in the DNS, including
problems caused by similarity to existing TLDs
or
reserved names.

http://www.icann.org/en/topics/new-g...12nov10-en.pdf


April 11 version: There are two main elements of the Initial Evaluation:
1. String reviews (concerning the applied-for gTLD
string). String reviews include a determination that
the applied-for gTLD string is not likely to cause
security or stability problems in the DNS, including
problems caused by similarity to existing TLDs
or
reserved names.

http://www.icann.org/en/topics/new-g...15apr11-en.pdf
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Old 17th April 2011, 04:13 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

2010:

2.2.1.1 String Similarity Review
This review involves a preliminary comparison of each
applied-for gTLD string against existing TLDs, Reserved
Names (see subsection 2.2.1.2), and other applied-for
strings. The objective of this review is to prevent user
confusion and loss of confidence in the DNS resulting from
delegation of many similar strings.

Note: In this Applicant Guidebook, “similar” means strings
so similar that they create a probability of user confusion if
more than one of the strings is delegated into the root
zone.
The visual similarity check that occurs during Initial
Evaluation is intended to augment the objection and
dispute resolution process (see Module 3, Dispute
Resolution Procedures) that addresses all types of similarity.
This similarity review will be conducted by an independent
String Similarity Panel.
2.2.1.1.1 Reviews Performed
The String Similarity Panel’s task is to identify visual string
similarities that would create a probability of user
confusion.
The panel performs this task of assessing similarities that
would lead to user confusion in four sets of circumstances,
when comparing:
• Applied-for gTLD strings against existing TLDs and
reserved names;

2011:

This review involves a preliminary comparison of each
applied-for gTLD string against existing TLDs, Reserved
Names (see subsection 2.2.1.2), and other applied-for
strings. The objective of this review is to prevent user
confusion and loss of confidence in the DNS resulting from
delegation of many similar strings.

Note: In this Applicant Guidebook, “similar” means strings
so similar that they create a probability of user confusion if
more than one of the strings is delegated into the root
zone.
The visual similarity check that occurs during Initial
Evaluation is intended to augment the objection and
dispute resolution process (see Module 3, Dispute
Resolution Procedures) that addresses all types of similarity.
This similarity review will be conducted by an independent
String Similarity Panel.
2.2.1.1.1 Reviews Performed
The String Similarity Panel’s task is to identify visual string
similarities that would create a probability of user
confusion.
The panel performs this task of assessing similarities that
would lead to user confusion in four sets of circumstances,
when comparing:
 Applied-for gTLD strings against existing TLDs and
reserved names;
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Old 17th April 2011, 04:15 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

Quote:
Originally Posted by domainguru View Post
Anyone give a quick summary of how things have changed since the last draft, if any?
Probably more detail than you want:

The previous draft specified two rights-protection mechanisms:

1) "Pre-launch claims services", where trademark holders who have signed up with ICANN's Trademark Clearinghouse are notified whenever anyone registers a domain identical to the trademark.
2) "Sunrise period", where trademark holders who have signed up with the Trademark Clearinghouse are given a chance to register their domains in advance of the general public.

In the previous draft, registries were required to choose one of these mechanisms. I assumed that Verisign would choose the "pre-launch claims services", which only requires that notification be sent to trademark holders. No big deal.

In the new draft, registries are required to use both mechanisms. So Verisign will be required to provide a Sunrise period for trademark holders. But this leaves a lot of unanswered questions. For instance, would ICANN allow Verisign to provide a pre-Sunrise period for holders of IDN.com domains? It's not clear to me.

By the way, ICANN is accepting public comments on the current draft applicant guidebook until May 15. See: http://icann.org/en/topics/new-gtlds/comments-6-en.htm

Avtal
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Old 17th April 2011, 04:20 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

Quite frankly I don't see how a 2nd level domain can be part of a sunrise of a new gTLD which is the translation/transliteration of an existing TLD if that 2nd level domain is already registered/variant blocked/reserved with the existing registry.

I'd like to hear Edmon Chung about this since dotAsia has been very open about their aliasing plans lately + the guy is very involved with ICANN
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Old 17th April 2011, 04:21 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

Avtal is this what you are referring to? Please insert the part you are referring to if that's not it:

From latest version/apr2011:

All new gTLD registries will be required to use the Trademark Clearinghouse to support
its pre-launch


Quote:
Originally Posted by Avtal View Post
Probably more detail than you want:

The previous draft specified two rights-protection mechanisms:

1) "Pre-launch claims services", where trademark holders who have signed up with ICANN's Trademark Clearinghouse are notified whenever anyone registers a domain identical to the trademark.
2) "Sunrise period", where trademark holders who have signed up with the Trademark Clearinghouse are given a chance to register their domains in advance of the general public.

In the previous draft, registries were required to choose one of these mechanisms. I assumed that Verisign would choose the "pre-launch claims services", which only requires that notification be sent to trademark holders. No big deal.

In the new draft, registries are required to use both mechanisms. So Verisign will be required to provide a Sunrise period for trademark holders. But this leaves a lot of unanswered questions. For instance, would ICANN allow Verisign to provide a pre-Sunrise period for holders of IDN.com domains? It's not clear to me.

By the way, ICANN is accepting public comments on the current draft applicant guidebook until May 15. See: http://icann.org/en/topics/new-gtlds/comments-6-en.htm

Avtal
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Old 17th April 2011, 04:50 PM
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Re: New Draft of the Applicant Guidebook for New gTLDs is Available for Public Commen

Also from latest April 2011 version:

For an Existing Legal Rights Objection, the applicable DRSP Rules are the WIPO
Rules for New gTLD Dispute Resolution.
_____________________________________
And:

A registry operator is not liable under the PDDRP for any domain name registration that:
(i) is registered by a person or entity that is unaffiliated with the registry operator; (ii) is
registered without the direct or indirect encouragement, inducement, initiation or
direction of any person or entity affiliated with the registry operator; and (iii) provides
no direct or indirect benefit to the registry operator other than the typical registration
fee (which may include other fees collected incidental to the registration process for
value added services such enhanced registration security).
An example of infringement at the second level is where a registry operator has a
pattern or practice of actively and systematically encouraging registrants to register
second level domain names and to take unfair advantage of the trademark to the extent
and degree that bad faith is apparent. Another example of infringement at the second
level is where a registry operator has a pattern or practice of acting as the registrant or
beneficial user of infringing registrations, to monetize and profit in bad faith.
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