Domain Name Disputes: ICANN Public Comment Period – Open through May 4, 2020

The Internet Corporation for Assigned Names and Numbers (“ICANN”) is seeking the community’s input on the Phase 1 Initial Report of the Review of All Rights Protection Mechanisms in All gTLDs Policy Development Process (“RPM”). The comment period is open until May 4, 2020.

Phase 1 focuses on reviewing all the RPMs and associated structures and procedures applicable to gTLDs launched under the 2012 New gTLD Program, specifically:

• The Uniform Rapid Suspension System (“URS”); 
• The Trademark Clearinghouse (“TMCH”);
• The Sunrise Periods and Trademark Claims Service provided by the TMCH; and
• The Trademark Post-Delegation Dispute Resolution Procedure (“TM-PDDRP”).

As a result of its analysis of the data and input it collected, the Working Group is proposing 26 preliminary recommendations, and 17 questions for which it is seeking community input. The hope is that the community will allow the Working Group to finalize any recommendations that it may wish to make on these topics in its Final Report. The Working Group is also inviting input on 6 overarching Policy Development Process (“PDP”) Charter questions.

In addition to the above, the Working Group is putting forward 24 individual proposals specifically pertaining to the URS and TMCH. However, these have not yet become preliminary recommendations.

The Initial Report also includes a summary of the Working Group’s discussion of the additional marketplace RPMs that several Registry Operators and the current TMCH Validation Service Provider have adopted, which go beyond ICANN’s RPMs. These have not been developed into any specific recommendations because they are outside of the scope of this PDP. However, after completion of the public comment, the Working Group will consider a general question about the additional marketplace RPMs.

The public is welcome to make submissions in response to all or any of the sections in the comment form. Submissions, including responses to questions and the responder’s name, will be published in the Public Comment archive on ICANN’s website. Once ICANN has reviewed the public comments submitted, the PDP Working Group will incorporate input/feedback received as it prepares recommendations for inclusion in its final report.

More information is available on ICANN’s website at Phase 1 Initial Report of the Review of All Rights Protection Mechanisms in All gTLDs Policy Development Process.

Bereskin & Parr’s professionals would be happy to provide further information and assist with a submission.