ANA Urges ICANN to Improve Rights Protection Mechanisms Before Rolling Out New Top Level Domains
WASHINGTON (Feb. 6, 2013) — Concerned that the protections for both consumers and trademark owners currently in place are dangerously inadequate, the ANA (Association of National Advertisers) has urged ICANN (the Internet Corporation for Assigned Names and Numbers) to strongly improve those protections before rolling out any new top level domains. ANA’s reply comments noted that there was overwhelming support from a broad cross-section of industry for Limited Preventative Registrations (LPRs), which identified the LPR as “a critically necessary protection for brand owners.”
The LPR is a mechanism to address serious concerns about the need for “defensive registrations.” It would allow trademark holders to prevent registration of their exact trademarks across all registries for a reasonable fee. ANA also filed earlier comments with ICANN on January 15 in strong support of the LPR approach.
“Within a few months, ICANN is poised to begin adding more than a thousand new gTLDs to the internet,” said Dan Jaffe, ANA Group Executive Vice President. “Despite the serious concerns raised for over a year by the business community, the law enforcement community and consumer protection agencies, ICANN elevates process over substance and refuses to adequately address rights protections for either consumers or trademark owners. It is way past time for ICANN to do the right thing and address these serious flaws with their gTLD program.”
ANA’s letter notes that the Affirmation of Commitments under which ICANN operates with the U.S. government requires ICANN to act: “The Affirmation of Commitments, ICANN’s highest legal authority, requires that consumer protection issues be adequately addressed prior to implementation. This obligation must be met, as the new gTLD program could foster consumer harm online. Substance must take precedence over procedure. If ICANN permits procedural issues to take priority over its substantive mandates, ICANN will lose its credibility and effectiveness as an organization, and its very existence may be at risk.”
“More than 60 companies and industry groups from a broad cross-section of business sectors just told ICANN that the LPR is critically necessary,” said Jaffe. “But the LPR is only one of the important reforms that ICANN must adopt before rolling out new gTLDs. We need a WHOIS database that is reliable and accurate; a more functional Uniform Rapid Suspension (URS) system; and a serious commitment from ICANN to diligently pursue wrongdoers. So far, their progress on each of these fronts is seriously inadequate.”
ANA’s letter stated: “Those opposed to the LPR and the Strawman stick to procedural arguments and technical difficulties because they cannot refute that a serious problem exists. Brand owners, government agencies and others have unequivocally stated that consumer protection, security, malicious abuse and trademark rights protections will exist within the new gTLD program.”
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About the ANA
The ANA (Association of National Advertisers) accelerates growth for marketing professionals, brands, and the entire industry. With a mission to shape the future of marketing, the ANA sets the agenda for the industry, connecting its members to unparalleled expertise, industry-leading resources, and an influential global network. Representing over 1,600 companies — including 1,000+ client-side marketers, 600 marketing solutions providers, and 20,000 brands — ANA members collectively influence $400 billion in annual marketing spending. By championing the 12-point ANA Growth Agenda and the CMO Growth Council, the ANA drives actionable change, empowers marketers, shapes the marketing ecosystem, and delivers exceptional experiences at every touchpoint. Since 1910, the ANA has been setting the agenda for industry transformation. It enables marketers to advance their ambitions, make better decisions, and create lasting impact for their organizations and the industry.
Press Contacts
Marcus Hardy, CooperKatz & Company for the ANA
917.595.3043 or mhardy@cooperkatz.com
Luna Newton, CooperKatz & Company for the ANA
917.595.3061 or lnewton@cooperkatz.com