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OpenTLD suspension stayed in unprecedented arbitration case

Kevin Murphy, July 27, 2015, 11:55:39 (UTC), Domain Registrars

“Cybersquatting” registrar OpenTLD, part of the Freenom group, has had its accreditation un-suspended by ICANN while the two parties slug it out in arbitration.

Filed three weeks ago by OpenTLD, it’s the first complaint to head to arbitration about under the 2013 Registrar Accreditation Agreement.

ICANN suspended the registrar for 90 days in late June, claiming that it “engaged in a pattern and practice of trafficking in or use of domain names identical or confusingly similar to a trademark or service mark of a third party”.

But OpenTLD filed its arbitration claim day before the suspension was due to come in to effect, demanding a stay.

ICANN — voluntarily, it seems — put the suspension on hold pending the outcome of the case.

The suspension came about due to OpenTLD being found guilty of cybersquatting its competitors in two UDRP cases.

In both cases, the UDRP panel found that the company had cybersquatted the trademarks of rival registrars in an attempt to entice their resellers over to its platform.

But OpenTLD claims that ICANN rushed to suspend it without giving it a chance to put forward its side of the story and without informing it of the breach.

It further claims that the suspension is “disproportionate and unprecedented” and that the public interest would not be served for the suspension to be upheld.

This is not an Independent Review Process proceeding, so things are expected to move forward relatively quickly.

The arbitration panel expects to hear arguments by phone August 14 and rule one way or the other by August 24.

Read the OpenTLD complaint here.

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Comments (1)

  1. Richard Funden says:

    The process seems to work, even if it takes a little longer tocome to the same result.

    Funny that they should throw their free Freenom TLDs into the balance of why they should remain ICANN accredited. Surely the lack of ICANN accreditation would have no impact at all on their ability to provide services in ccTLDs.

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