DNSO Names Council Resolution on Famous Trade-Marks and the operation of the Domain Name System

19 May 2000

DNSO Names Council Resolution on Famous Trade-Marks and the operation of the Domain Name System

The Names Council recognizes the enormous work undertaken by Working Group B. The Names Council acknowledges that according to its final report, Working Group B has reached consensus on three points, namely:

  1. Some type of mechanism, yet to be determined, is necessary in connection with famous trademarks and the operation of the Domain Name System.
  2. There does not appear to be the need for the creation of a universally famous marks list at this point in time.
  3. The protection afforded to trademark owners should depend upon the type of top-level domains that are added to the root.

With regards to points (1) and (3), the NC notes that the Working Group members could not reach consensus on the type of mechanism that should be incorporated into the roll-out of new gTLDs (point (1)), which is understandable given their consensus in point (3) that the protection should likely vary depending on the type of top-level domain.

The NC concludes that there is community consensus and recommends that there should be varying degrees of protection for intellectual property during the startup phase of new top-level domains. Therefore, the NC recommends that the ICANN Board make clear that nothing in the general consensus items, or areas of non-consensus, should be construed as creating immunity from the UDRP or other legal proceeding should a domain name registrant in a chartered top-level domain violate the charter or other legal enforceable rights. The NC notes that the principles of differentiated gTLDs (from WG-C) may provide additional assistance in avoiding confusion.

With regards to item (2) on universally famous marks, the NC concludes that there is no consensus in the community at the present time that such a list should be adopted by ICANN.

The NC also recommends to the ICANN Board that it take note of the Working Group B report, including the submissions by participating parties.

The NC would like to express its gratitude to the hard work of Michael D. Palage, Kathryn Kleiman, and Philip Sheppard in steering the Working Group and seeking to guide them towards consensus on the difficult set of issues they were assigned.

Annex: Summary of WG-B work, July 1999 - May 2000 http://www.dnso.org/dnso/notes/20000519.NCwgb-final.html

Information from:
DNSO Names Council