12 May 2014

Replace ICANN, Prohibit Trafficking in Domain Names, says Attorney

"... [The new] gTLDs are a mess—a legal quagmire for legitimate businesses. . . . the domain name itself, remains subject to all manner of abuse by infringers ... Of course, ICANN did provide the trademark clearinghouse for gTLDs.  Admirable if inadequate." (emphasis and link added, source: Nicholas Wells, infra)

So says one enterprising trademark attorney in his article posted at: Replacing ICANN | Nicholas Wells. He proposes an INTA-managed domain system with terms such as the following:

"A. After requesting registration, each domain is subject to a 30-day opposition period during which 3rd parties can object based on pre-existing rights.... D. Domains that are not used within a given period and are not associated with the owner’s registered trademark or a version thereof (so as to provide for typos etc.) would be considered abandoned and would be shut down and returned to public availability.... F. Trafficking in domain names could be prohibited except under specific circumstances, such as for domains transferred as part of a transfer of related trademark rights..." (Emphasis added; read more at the Nicholas Wells link above)

In his article, Attorney Wells notes that INTA, the International Trademark Association, is holding its Annual Meeting in Hong Kong this week. Stay tuned.

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