Intellectual Property Law

ICANN Board Resolution re Trademarks in New TLDs

By Marty Schwimmer

Via the Intellectual Property Constituency of ICANN, we learn that hte Board has unanimously adopted the following resolution regarding the protection of trademarks in the proposed new top level domains:

"Whereas, based on the public comment submissions received regarding new gTLD draft applicant guidebook, ICANN staff has determined that the implementation issues involving trademark protection need additional community input and analysis. These issues exist today within the existing gTLDs.

"Whereas, members of the community with knowledge and expertise in this area have proposed a way to synthesize the comments received in this area, and, with input from the broader community, including WIPO, propose solutions to the staff on these issues in a timely manner.

"Whereas the board recognizes that resolution of these issues would be beneficial to the introduction of new gTLDs, it is, therefore, resolved, that the board requests the GNSO's intellectual property constiuency, in consultation with staff, to convene an implementation recommendation team comprised of an internationally diverse group of persons with knowledge, expertise, and experience in the fields of trademark, consumer protection, or competition law, and the interplay of trademarks and the domain name system to develop and propose solutions to the overarching issues of trademark protection in connection with the introduction of new gTLDs.

"It is further resolved that the implementation recommendation team will be comprised principally are from the organizations and persons that proposed such solutions in the public comment period on the first draft applicant guidebook, and the implementation recommendation team would use the solutions proposed in the public comments as its starting point for development.

"the board directs the implementation recommendation team to solicit input from the interested constituencies prior to its first session to ensure broad community input at the outset of its work.

The board further directs (1) staff to provide a dedicated staff person and additional staff resources as staff determines to facilitate the work of the implementation recommendation team and (2) reasonable travel support be provided to up to 15 members of the implementation recommendation team for the purpose of conducting two face-to-face meetings in hub cities.

"the board further requests that the implementation recommendation team distribute its draft report by the 24th of April, 2009, to interested members of the community for comment, and propose a final report to be published no later than the 24th of May, 2009, for consideration by the ICANN community at the Sydney meeting."

Full post as published by Trademark Blog on March 06, 2009 (boomark / email).