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Late new gTLD objections “not unfair”

Kevin Murphy, June 10, 2013, 09:40:43 (UTC), Domain Policy

ICANN Ombudsman Chris LaHatte has ruled that the decision to accept formal new gTLD objections sent one minute after the filing deadline “does not create unfairness”.

The decision is a blow to at least one applicant, which had tried to have an objection against it kicked out for being late.

LaHatte received a complaint from the applicant, believed to be represented by Galway Strategy Group’s Jim Prendergast, last month.

The complainant said that an objection by a competing applicant was sent at 00:01:02 UTC on March 15, one minute and three seconds after the deadline laid out in ICANN’s Applicant Guidebook.

But the dispute resolution providers hired by ICANN to manage objections decided to give a little leeway, agreeing among themselves (with ICANN’s tacit consent) to a five-minute extension.

Now LaHatte has decided — entirely reasonably in my view — that this was not unfair.

He wrote: “It is my view that a five minute window is a proportionate response and does not create unfairness for the applicants, but does provide fairness given that it is only five minutes.”

He added that at least one other objection, which was filed much later, was rejected for its tardiness.

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