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Lego launches attack on new TLDs

Could little yellow plastic men be the death of the new top-level domain process?

Toymaker Lego has filed a scathing criticism of ICANN’s latest Draft Applicant Guidebook for prospective new TLD registries, saying it ignores trademark holders.

Lego, one of the most prolific enforcers of trademarks via the UDRP, said that the latest DAG “has not yet resolved the overarching trademark issue”.

DAG v4 contains new protections designed to make it easier for trademark holders to defend their rights in new TLD namespaces. But Lego reckons these protections are useless.

The Trademark Clearinghouse is NOT a rights protection mechanism but just a database. Such a database does not solve the overarching trademark issues that were intended to be addressed.

Lego also says that the Uniform Rapid Suspension service outlined in DAG v4 is much weaker than it wanted.

“It doesn’t seem to be more rapid or cheaper than the ordinary UDRP,” Lego’s deputy general counsel Peter Kjaer wrote.

Lego thinks that a Globally Protected Marks List, which was at one time under consideration for inclusion in the DAG, would be the best mechanism to protect trademarks.

ICANN still seems to ignore that cybersquatting and all kinds of fraud on the internet is increasing in number and DAG 4 contains nothing that shows trademark owners that ICANN has taken our concerns seriously.

The comment, which is repeated verbatim in a letter from Arla Foods also filed today, is the strongest language yet from the IP lobby in the DAG v4 comment period.

Rumblings at the ICANN meeting Brussels two weeks ago, and earlier, suggest that some companies may consider filing lawsuits to delay the new TLD process, if they don’t get what they want in the final Applicant Guidebook.

ICANN’s top brass, meanwhile, are hopeful of resolving the trademark issues soon, and getting the guidebook close to completion, if not complete, by the Cartagena meeting in December.

.CO landrushers will be able to apply for trademark rejects

The landrush for .co domains will be extended by three days, to give people a chance to apply for strings that were rejected during the sunrise period, according to a registrar.

Key-Systems posted the news to its Facebook page earlier, but the .CO web site has yet to be updated with the same info.

The registrar said that the landrush, in which registrants apply for premium, non-trademarked strings, will now end on Friday, July 16 at 1600 UTC.

It also raised the prospect of a mini-spike in landrush applications in the last few days of the period.

Key-Systems said that domains covered by invalid sunrise applications – claimed trademarks which were rejected for one reason or another – will come up for grabs on July 12.

The list of such names, which could disclose the kind of bogus trademark claims made by those trying to game the system, will make very interesting reading. It’s due to be published July 10.

Aussie registrar trademarks “Whois”

An Australian domain name registrar has secured a trademark on the word “Whois”.

Whois Pty Ltd, which runs whois.com.au, said it has been granted an Australian trademark on the word in the class of “business consulting and information services”.

It looks rather like the company is using the award as a way to promote its own trademark protection services.

I shudder to think what could happen if the firm decided to try to enforce the mark against other registrars.

Or, come to think of it, what would happen if it tried to secure “whois” in a new TLD sunrise period.

I’m not a lawyer, but I imagine that the fact that the word “Whois” has been in use for almost 30 years, pre-dating the creation of the DNS itself, might prove a useful defense.

RFC 812, published in March 1982, is the first use of the word I’m aware of.

It does not appear that there are currently any live US trademarks on the term.