Perry4Law
and Perry4Law’s
Techno Legal Base (PTLB) have been sharing their views about the
proposed new GTLDs by ICANN. Some of our views pertain to legal
rights objections under ICANN's new GTLD program, legal
rights objection assistance for new GTLDs by Perry4Law,
trademark
and brand protection under new GTLDs registration by ICANN, is
your brand and trademark violated by new GTLDs, etc.
It has been now notified by ICANN that the objection
period has been extended to 13 March 2013. Once the objection filing
period closes, all objections received will move through a dispute
resolution process which will take approximately five months to
resolve in most circumstances.
If you need professional
legal services for making or defending various objections
and disputes under the new GTLDs process, you may contact
us if you deem it appropriate.
This dispute resolution mechanism has been
incorporated into the new GTLDs process to safeguard the interests of
brand, trademark and other rights holders. Any objection by a right
holder would be analysed by a pre defined and qualified panel of
experts in the relevant subject area. Further, even dispute
resolution service providers have also been notified by ICANN and all
disputes would be referred to these providers alone.
Objection can be filed in the categories of String
Confusion, Legal Rights Objections, Limited Public Interest and
Community. If you want to file a formal objection to a new GTLD
application, you must contact the appropriate dispute resolution
service provider and file your objection electronically. The language
to be used is English. If your objection falls in different
categories, you have to file each objection separately and pay the
accompanying filing fees for each.
While filing such objection(s), you must add your
name and contact information as the objector along with a statement
as to why you believe you meet the standing requirements. Further, a
description of the basis for your objection must be given that must
include a statement giving the grounds on which you are objecting and
a detailed explanation of the validity of your objection and why it
should be upheld. Do not forget to add copied of relevant documents
that support your objection. Objections are limited to 5000 words or
20 pages, which ever is less.
You may also be on the receiving end. You may have
to defend the objections raised by others against your new GTLDs
applications. Within thirty days of the closing of the objections
filing window, ICANN will post a Dispute Announcement and notify the
providers to begin the objection proceedings. If you are an applicant
and have received notice from a provider that you have had an
objection filed against your application, you will have 30 calendar
days to file your response. If you do not respond within 30 days, you
will be in default and the objector will prevail.
If your application has been objected to, you can
work to reach a settlement with the objector. This would result in
either a withdrawal of the objection or a withdrawal of your new GTLD
application. You can also file a response to the objection and enter
the dispute resolution process. You can withdraw your new GTLD
application, in which case the objector will prevail by default and
your application will not proceed.
Perry4Law would like to remind that if you fail to
file a response to an objection, the objector will prevail by
default. So you must defend and oppose any objection raised by a
third party.
Perry4Law and PTLB wish all the best to all parties
to the new GTLDs process.
