February 9, 2013 at 08:01ICANN wins .WEB domain deal
Earlier, we wrote that Image Online Design, the owner of an alternative DNS with the .WEB zone, sued ICANN . Recall that the company demanded that all applications of other applicants for the .WEB domain be rejected due to the fact that IOD submitted an application for its registration back in 2000 and still has not received a response about the refusal, i.e. The statement remains valid. Also, in her opinion, ICANN indirectly recognized the IOD rights to the .WEB domain.
Today, a California court issued a final verdict in this case: to refuse the plaintiff in all his claims.
The position of all US vessels is such that top-level domains cannot be regarded as trademarks. And the US Patent and Trademark Office considers only second-level domains, but not domain zones, as a source of goods and services.
Image Online Design objected that with the introduction of many new domain zones under the New gTLD program, including many brand domains, they would have to rethink their views. The judge replied that even if the domain zones would be considered as trademarks, the .WEB domain name is “too broad” and therefore trademark protection laws do not apply to it.
It should also be noted that Image Online Design, submitting an application for registration of .WEB domain in 2000, signed a document exempting ICANN from liability for all actions related to this application. Therefore, the court cannot recognize the consideration of applications for the .WEB domain from other applicants as a violation of the terms of the contract.
So the claim of Name.Space, requiring ICANN rights to as many as 432 zones (119 of which were filed in 2000), are also likely to be considered unfounded.
Today, a California court issued a final verdict in this case: to refuse the plaintiff in all his claims.
The position of all US vessels is such that top-level domains cannot be regarded as trademarks. And the US Patent and Trademark Office considers only second-level domains, but not domain zones, as a source of goods and services.
Image Online Design objected that with the introduction of many new domain zones under the New gTLD program, including many brand domains, they would have to rethink their views. The judge replied that even if the domain zones would be considered as trademarks, the .WEB domain name is “too broad” and therefore trademark protection laws do not apply to it.
It should also be noted that Image Online Design, submitting an application for registration of .WEB domain in 2000, signed a document exempting ICANN from liability for all actions related to this application. Therefore, the court cannot recognize the consideration of applications for the .WEB domain from other applicants as a violation of the terms of the contract.
So the claim of Name.Space, requiring ICANN rights to as many as 432 zones (119 of which were filed in 2000), are also likely to be considered unfounded.