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ICANN has already set a precendent for dealing with potential lawsuits based on multiple ownership claims
for the same domain when new top level domain (TLD's) are implemented.
The .XXX implementation provides a 'sunrise period' that appears to be fair to all parties presenting a claim.
If IDN aliasing is a dead concept for ICANN and current IDN Owners, a solution similar to the .XXX sunrise
would probably work for most IDN Owners - and the new TLD Owners as well (i.e Verisign).
LINK INFO: http://www.mvalaw.com/news-publications-118.html
Article:
Approval of the .XXX Extension:
On April 1, 2011, ICANN approved the .XXX extension for delegation. ICM Registry, the entity that will own and oversee .XXX, initially applied for the extension as part of a âproof of conceptâ round of applications for new gTLDs in 2000 as a gTLD intended to benefit the Adult Entertainment Industry.
The application was widely criticized by both opponents and supporters of the industry and only just won ICANNâs approval.
The extension is currently scheduled to launch in September of 2011 with two Sunrise periods, Sunrise A and Sunrise B beginning September 7, 2011 and extending through October 28.
Sunrise A is directed to trademark and domain name owners within the adult industry and will provide such owners the opportunity to register domains corresponding to their existing trademark registrations or domain names with a .XXX extension.
Sunrise B is directed to trademark owners who desire not to be associated with the .XXX extension. Any entity with trademark registration of national effect in a jurisdiction where the applicant conducts substantial bona fide commerce in connection with the mark will be able to apply for inclusion on a reserved list. The trademark must be registered before the beginning of the Sunrise period and must correspond to the exact mark or textual portion of a word and design mark to the domain name to be added to the reserved list. The cost to apply to add a trademark to the reserved list will be set by individual registrars but will be between $200 and $300. This fee is intended to be a one time fee, and if the applicant is successful, should reserve the domain for at least as long as ICM Registry runs the .XXX extension (guaranteed for 10 years).
for the same domain when new top level domain (TLD's) are implemented.
The .XXX implementation provides a 'sunrise period' that appears to be fair to all parties presenting a claim.
If IDN aliasing is a dead concept for ICANN and current IDN Owners, a solution similar to the .XXX sunrise
would probably work for most IDN Owners - and the new TLD Owners as well (i.e Verisign).
LINK INFO: http://www.mvalaw.com/news-publications-118.html
Article:
Approval of the .XXX Extension:
On April 1, 2011, ICANN approved the .XXX extension for delegation. ICM Registry, the entity that will own and oversee .XXX, initially applied for the extension as part of a âproof of conceptâ round of applications for new gTLDs in 2000 as a gTLD intended to benefit the Adult Entertainment Industry.
The application was widely criticized by both opponents and supporters of the industry and only just won ICANNâs approval.
The extension is currently scheduled to launch in September of 2011 with two Sunrise periods, Sunrise A and Sunrise B beginning September 7, 2011 and extending through October 28.
Sunrise A is directed to trademark and domain name owners within the adult industry and will provide such owners the opportunity to register domains corresponding to their existing trademark registrations or domain names with a .XXX extension.
Sunrise B is directed to trademark owners who desire not to be associated with the .XXX extension. Any entity with trademark registration of national effect in a jurisdiction where the applicant conducts substantial bona fide commerce in connection with the mark will be able to apply for inclusion on a reserved list. The trademark must be registered before the beginning of the Sunrise period and must correspond to the exact mark or textual portion of a word and design mark to the domain name to be added to the reserved list. The cost to apply to add a trademark to the reserved list will be set by individual registrars but will be between $200 and $300. This fee is intended to be a one time fee, and if the applicant is successful, should reserve the domain for at least as long as ICM Registry runs the .XXX extension (guaranteed for 10 years).
