ANA Files Reply Comments Urging ICANN to Improve Rights Protection Mechanisms

Still concerned that the protections for both consumers and trademark owners currently in place are dangerously inadequate, ANA has filed reply comments with the Internet Corporation for Assigned Names and Numbers (ICANN) urging it to strongly improve those protections before rolling out any new top level domains. Our 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 15th in strong support of the LPR approach. We were joined by more than 60 companies and industry groups from a variety of business sectors urging ICANN to adopt the LPR and other essential reforms needed before rolling out new generic Top Level Domains (gTLDs).
 
Our comments responded to arguments in comments filed in opposition to the LPR and “Strawman.” We contend that those opposed to the LPR and the Strawman argued procedural arguments and technical difficulties as distractions because they cannot refute that a serious problem exists. No one has disputed the contention that has been made by ANA and others that consumers could be harmed by increased fraud in the new gTLDs and that billions of dollars in defensive registrations will be needed by industry to protect consumers.

If you have any questions, please contact Dan Jaffe in ANA’s Washington office at 202.296.2359 or at djaffe@ana.net.