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Domain Name Wire for Ardhi
April 21, 2011
Three Strikes Rule Remains in New gTLd Guidebook
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Welcome to the DomainNameWire.com newsletter.
Last week ICANN published what should be darn near the "final"
applicant guidebook for new top level domain names.
It includes guidelines for types of applicants that will be
barred from applying for new top level domains.
Any entity or Individual Applicant that has lost 3 or more
UDRPs/ACPAs as a respondent, with one of those in the past 4 years,
is forbidden from getting a new TLD.
By the spirit of the language this means both Go Daddy and eNom
are not allowed to apply. Both have affiliates that have lost
many UDRP decisions in recent years.
As I've written before, I think there are some loopholes that will
allow these companies to get around the rule:
http://domainnamewire.net/click.html?x=a62b&lc=YxPZ&mc=BF&s=wYcHs&y=e&
I really can't see ICANN denying either of these companies a new
TLD. So why include such a strict measure in the guidebook?
This will only allow critics to blast the program for being
inconsistent.
ICANN did make two changes to the language for the better in this last
round:
1. UDRP decisions must be "final" to count against the applicant.
If they sued afterward and won (or it's pending) then it doesn't
count against them.
2. Companies with 3 or more cases of reverse domain name hijacking
are also forbidden. (I don't know of any companies that have 3 or more.)
But that's still not enough. I think the three strikes clause in the guidebook
will be troublesome and come back to haunt ICANN.
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Be sure to stop by DNW.com to read these other
domain industry stories:
-UDRP panel questions Oversee.net automated registrations
-Warner Bros. gets Wizard of Oz domain name ahead of remake
-Navidad.com sells for $100,000
-New TLD guidebook attacks domain parking
These stories are just a sample of what you can read at DomainNameWire.com.
Domain Name Wire is read by domainers, domain registrars, attorneys,
public officials, and Fortune 500 company domain managers.
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