New gTLDs dispute resolution

The Book

To extend the scope of the commercial use of the Internet, the ICANN launched, in the course of the year 2011, a process for the creation of new strings to be delegated as new generic top-level domains (gTLDs).

New domain names, more user-friendly, shall therefore progressivly appear (.hotel, .flowers, .book, etc.).

Some public authorities, private companies and professional bodies decided to improve their visibility on the web, through the creation of their own new string (.bmw, .siemens, .paris, .brussels, .alsace, etc.) which use is restricted to or at least controlled by them if available for third-parties.

Obviously, the commercial value of these possible new strings generated lots of interest, from many candidates. To manage the issue of abusive applications, four objection procedures were organized by the ICANN. These procedures enable interested parties to object against applications which they consider as infringing their rights or at least as damaging their legitimate interests.

The study is focused on an in-depth analysis of the case law of these four objection procedures. It highlights the main strengths and weaknesses of these innovative dispute resolution mechanisms, which enables to better understand the underlying issues of the new strings creation process initiated by the ICANN.

More information on the Book

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