ICANN won the .WEB domain case
Earlier we wrote that Image Online Design, the owner of an alternative DNS with the .WEB zone, sued ICANN . Recall that the company required to reject all applications from other applicants for the .WEB domain due to the fact that IOD applied for its registration 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 rights of IOD to the .WEB domain.
Today, the California court delivered the final verdict on the case: to refuse the claimant in all his demands.
The position of all American courts is such that top-level domains cannot be regarded as trademarks. And the United States Patent and Trademark Office regards as a source of goods and services only second-level domains, but not domain zones.
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Image Online Design objected that with the introduction of many new domain zones in the framework of the New gTLD program, including many domain brands, they will have to reconsider their views. To this, the judge replied that, even if the domain zones will be treated as trademarks, the domain name .WEB is “too broad”, and therefore laws on the protection of trademarks are not applicable to it.
It should also be noted that Image Online Design, submitting an application for registering a .WEB domain in 2000, signed a document exempting ICANN from responsibility for all actions in relation to this application. Therefore, the court cannot consider consideration of applications for the .WEB domain from other applicants as a violation of the terms of the contract.
So the claims of Name.Space , claiming ICANN’s rights to as many as 432 zones (of which 119 applications were submitted in 2000), are also likely to be considered unfounded.
Today, the California court delivered the final verdict on the case: to refuse the claimant in all his demands.
The position of all American courts is such that top-level domains cannot be regarded as trademarks. And the United States Patent and Trademark Office regards as a source of goods and services only second-level domains, but not domain zones.
')
Image Online Design objected that with the introduction of many new domain zones in the framework of the New gTLD program, including many domain brands, they will have to reconsider their views. To this, the judge replied that, even if the domain zones will be treated as trademarks, the domain name .WEB is “too broad”, and therefore laws on the protection of trademarks are not applicable to it.
It should also be noted that Image Online Design, submitting an application for registering a .WEB domain in 2000, signed a document exempting ICANN from responsibility for all actions in relation to this application. Therefore, the court cannot consider consideration of applications for the .WEB domain from other applicants as a violation of the terms of the contract.
So the claims of Name.Space , claiming ICANN’s rights to as many as 432 zones (of which 119 applications were submitted in 2000), are also likely to be considered unfounded.
Source: https://habr.com/ru/post/168809/
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