ICANN has implemented a program for the introduction of new generic Top-Level Domain Names (“gTLDs”) in the internet, and the first filing-window will close in March 2012.
The program includes a dispute resolution procedure, pursuant to which disputes between a person or entity who applies for a new gTLD and a person or entity who objects to that gTLD are resolved in accordance with the New gTLD Dispute Resolution Procedure, providing a path for formal objections during evaluation of the applications.
A formal objection initiates a dispute resolution proceeding, and can be filed, with the appropriate DRSP, only on four enumerated grounds:
1. String Confusion Objection
The applied-for gTLD string is confusingly similar to an existing TLD or to another applied for gTLD string in the same round of applications.
The Procedure must be held in front of the International Centre for Dispute Resolution (Fees – Rules).
2. Legal Rights Objection
The applied-for gTLD string infringes the existing legal rights of the objector, such as trademarks. The Procedure must be held in front of the World Intellectual Property Organization (Fees – Rules).
3. Limited Public Interest Objection
The applied-for gTLD string is contrary to generally accepted legal norms of morality and public order that are recognized under principles of international law. The Procedure must be held in front of the Expertise of the International Chamber of Commerce.
4. Community Objection
There is substantial opposition to the gTLD application from a significant portion of the community to which the gTLD string may be explicitly or implicitly targeted. The Procedure must be held in front of the Expertise of the International Chamber of Commerce.
According to the timeline established, ICANN expects to post public portions of all applications that have been received, on its website in early May 2012.
At this time, the formal objection period will begin and an applicant with standing will have approximately seven months to file an objection.
After the objection filing period closes, those objections received will move through the dispute resolution process. Absent any unforeseen extensions, the dispute resolution process is intended to take approximately five months.