ANA asks for top level block list or it may proceed with legal action.
The Association of National Advertisers (ANA) has proposed that ICANN adopt a “Do Not Sell” list for the new top level domain name application period that opens up later this week.
In a letter to ICANN’s board, ANA says that it is unaware of a single constituency that has organized to defend ICANN’s plan, save for those that will profit from it.
With the application round opening January 12, ANA proposes that ICANN move forward but:
Concurrently, all NGOs, IGOs and commercial stakeholders concerned about protecting their brands will be given the opportunity to have those brands registered, without cost, on a temporary “Do Not Sell” list to be maintained by ICANN during the first application round (any interested party which does not want to have its brands on the Do Not Sell list and would rather apply for a TLD would be free to do so). We will assemble a team from the interested constituencies to work with ICANN leadership during the first application round. If this group achieves consensus with respect to any proposals, those proposals will be voted on by the Board. At the end of the first application round, should the parties continue to disagree, all parties will be free to pursue their legal and equitable rights without prejudice.
I read this as only a restriction on selling a top level domain that matches a brand on the list. Of course, there’s still time for ANA to try to influence the ultimate right to sell domains at the second level.
ANA requests a response to the letter within two days, although the letter posted on ANA’s web site is not dated. The letter warns of possible legal action, noting “Destructive and costly litigation can hopefully be avoided if you accept this proposal.”
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