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Online Trademark Protection

Written by Dreyfus07/03/2022

Monitoring, protecting and promoting your trademarks online: these are the core business activities of the Dreyfus law firm.

Our team assists you to anticipate, secure and optimize your trademarks, allowing you to enhance your business.

A successful trademark registration does not mean that your trademark is automatically protected. Nonetheless, your trademark has an undeniable business value and as such warrants to be monitored and defended. One of the important issues is that public entities such as the INPI, EUIPO or WIPO are not required to notify prior trademark owners when a third-party applicant files an application for a similar or identical trademark. Since these organisms do not assess whether trademark applications are likely to infringe earlier trademarks, it is up to the applicants to perform a prior art search. In other words, careful trademark monitoring is very important for an optimal and durable protection of your trademark. However, identifying risks and responding accurately, effectively and timely to potential harms is not always obvious.

That is why the Dreyfus team helps you monitor and protect your trademarks online. First, we detect potential infringements, then we inform you in due time when a (strongly) similar or identical trademark is filed.

Thanks to our innovative Dreyfus IPweb® solution, we are able to monitor and automatically detect trademark filings that are identical or similar to yours and to take steps against any potential infringement before a similar trademark enters the market. IPweb® provides direct access to a company’s domain name monitoring services. It covers all social media networks such as Facebook, Twitter, Instagram, and LinkedIn, as well as advertising platforms such as Google AdWords. Your trademarks are constantly monitored and you will be swiftly alerted in the event of a breach.

After assessing the similarity of the signs and the products and services in question as well as your chances of success, we will inform you immediately and, if necessary, advise you on the steps that should be followed. As it is better to be safe rather than sorry, it is important to act as quickly as possible and to contact the third-party applicant at an early stage, by sending him a warning, a letter of formal notice or even by filing an opposition against the trademark application to ensure that the said applicant uses an alternative name for his/her products and/or services.

 

Detecting potential trademark infringements and securing your trademarks online

 

We report potential trademark infringements on the Internet and social networks and we provide you with personalized advice regarding your portfolio management strategy, including weaknesses that could hinder the development of your (digital) business and give rise to possible litigation.

In this regard, we offer you appropriate and personalized strategies to anticipate dangers, such as online fraud (i.e. phishing, fake websites, identity theft, forged emails, etc.) which requires immediate action as it can be significantly damaging to the image and reputation of your trademark and may generate a financial loss.

For compliance purposes, we can help you put in place a strategy to prevent any breach caused by domain names. This includes – in addition to monitoring your trademark among Internet domain names – monitoring of your trademark on other social networks (such as Facebook, Twitter, LinkedIn, Instagram, YouTube, Snapchat) to detect and respond appropriately to any new breach.
With our intuitive platform, Dreyfus IPWeb®, we allow our clients to have access to – and closely follow their trademark files online. Moreover, our clients have access to the results of the performed surveillance on trademarks, domain names, corporate names or social networks. With these trace and control tools, we help you restructure the management of your trademark portfolio in an easy and accessible way.

 

 Online trademark audits

 

The next step consists of performing a trademark audit. It is a crucial step to get a global and transversal view of the potential value of your trademarks and to anticipate risks such as conflicts regarding ownership, the loss of rights on an unused trademark or the expiration of your trademark rights. With thorough online trademark evaluations, we will bring to light potential harmful situations and assess the risks and opportunities in relation with your trademark. Besides, trademark audits become important assets when negotiating licensing or assignment agreements.

Furthermore, the Dreyfus team offers you personalized recommendations to strengthen your trademark rights. The online assessment and promotion services offered by the Dreyfus team will allow you to have an accurate and global overview of your situation, from a legal, commercial and technological perspective.

 

(Pre)litigation

 

The Dreyfus law firm assists you with the defense and enhancement of your rights and helps you resolve your disputes efficiently, quickly and amicably. With its detailed knowledge of trademarks in the digital environment, our team helps you settle your disputes online, out-of-court and in a confidential, strategic and efficient manner. Thanks to its know-how and its many clients, the Dreyfus team follows continuously and closely ongoing issues and has an increased vision of current and future risks.

The Dreyfus team will help you successfully defend and enhance your trademark rights and will assist you with the resolution of disputes, infringement actions, problems relating to domain names, as well as during mediation and arbitration procedures. Have you discovered a website that infringes on your trademark? Do you have a French or European Union trademark or an international trademark having effect in France or in the European Union and would you like to file an opposition to an application for registration of a French trademark or an international trademark having effect in France?

Dreyfus & Associates assists you in effectively and rapidly defending your rights. In this regard, we help you introduce an opposition procedure before the INPI to prevent the registration of a trademark that infringes on your prior rights. We also assist you in initiating an out-of-court settlement procedure before the WIPO Arbitration and Mediation Centre, including the resolution of national and international domain name disputes.

 

SEE ALSO…

♦Trademarks, other distinctive signs and franchise

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Brief : DOMAIN NAMES: THE POTENTIAL CONFLICT OF DIFFERENT DOMAIN NAME SYSTEMS

Written by Dreyfus04/03/2022

A website can only be accessed if a system is able to link the URL entered by a user in his or her browser to the server of the website in question. This is called the Domain Name System (DNS). The DNS operates as an intermediary system through sending a request on the Internet in order to make the link between the address entered in the browser by the user and the actual access to the site. This is the reason why the DNS is often compared to a telephone directory as it allows to translate the names given by the user into names that are intelligible for machines.

When everything is set up properly to ensure that the DNS can play its role as an intermediary, it is sufficient to just have a device with Internet connection to access the site.

But currently some registrars offer domain names that don’t rely on the traditional DNS. Instead, they use technologies such as blockchain.

In order to be accessible, these domain names require the installation of specific tools such as particular browsers or plug-ins. These constitute additional costs for potential buyers who simply want to obtain a traditional domain name for their website.

 

These offers present two fundamental risks. The first issue relates to the communication of the Internet regulatory authority ICANN of November 24, 2021. It concerns the risk of confusion for consumers. In fact, it is not easy for the average consumer to make the distinction between these two types of offers whereas the purchase of these different domain names covers very different realities.

The second issue of this alternative resolution system consists of the risk of conflicts between domain names that would be registered through the traditional DNS system and those based on one of the new non-DNS systems.

These possible conflicts include name collisions. Hence, this phenomenon might intensify with the creation of parallel networks. This might occur when the system being used to translate names being entered by users into intelligible names for machines – in this case a non-DNS system – is sent to a DNS system, for which the address corresponds to the address of a different website.

In that case, the user would be redirected to the wrong domain name. These uncertainties could give rise to legal conflicts in the coming years if the new systems become more important.

 

 

Sources: ICANN Blog, Buyer Beware: Not All Names Are Created Equal, November 24, 2021, A. Durand
ICANN, Frequently Asked Questions: Name Collisions for IT Professionals

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Brief : THE DEREFERENCE OF WISH FROM SEARCH ENGINES: THE BEGINNING OF A NEW LEGAL SAGA?

Written by Dreyfus04/03/2022

On the 23rd of November 2021, the French Department of Economy and Finance ordered the dereference of the US online sales platform “Wish” from search engines. This decision was issued after an investigation conducted by the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) on a line of goods sold by the online platform. This investigation revealed a high percentage of non-compliant and hazardous products.

It appeared that 95% of all the surveyed electronic devices were non-compliant and 90% of them were hazardous. Therefore, the DGCCRF ordered Wish to comply with the applicable regulation on the 15th of July. However, as this injunction did not receive a satisfactory response, the website as well as the mobile application were dereferenced from search engines at the request of the department of the French Ministry of Economy and Finance.

The dereference of Wish from search engines was issued in compliance with article L. 521-3-1 of the French Consumer Code. Under this article, any competent agent is allowed to order the dereference of «online interfaces whose content are manifestly illegal».

 

 

According to the online platform Wish, this measure was disproportionate as it undermined its image and reputation and caused detrimental financial consequences to the company. However, it should be noted that the effectiveness of the decision remains relative because the dereference only applies in France. With a few clicks, it is often sufficient to change the settings of your browser, such as Google, to locate yourself in a different region.

Moreover, as of December 28, 2021, we note that the first two results of the Google search engine reveal a Google Play page to download the Wish app as well as the company’s Facebook page.

Finally, the website is of course directly accessible via its web address.

Unlike website blocking, dereferencing does not prevent access to a website. But in theory, it makes it more difficult to access it because you have to type the entire URL to access it, instead of just entering the name of the online marketplace in a search engine.

After the rejection of the request of an expedited appeal procedure (“recours en référé”) by the administrative court, Wish decided to file an appeal in cassation. A new judicial saga seems to be looming on the horizon.

 

 

Ministry of Economy and Finance: « Protection des consommateurs: lourde sanction pour la place de marché en ligne Wish »: www.economie.gouv.fr/protection-consommateurs-sanction-place-marche-ligne-wish
TA Paris, Ord. 17 déc. 2021, n° N°2125366/2
Press release of the Ministry of Economy and Finance, November 24, 2021, « Bruno Le Maire, Alain Griset et Cédric O annoncent des mesures exceptionnelles à l’encontre de la place de marché Wish pour sensibiliser et mieux protéger les consommateurs »

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Why is it necessary to register a trademark?

Written by Dreyfus24/02/2022

Registering your trademark allows you to protect it. For a French trademark, it must be registered with the INPI (National Institute of Industrial Property), but the protection can be extended to the European Union (EUIPO) and internationally (WIPO). When a trademark is registered on the national territory, in order to extend its protection, it is possible to register the trademark within the European Union and internationally. There is a right of priority which allows to file other trademark applications while benefiting from the filing date of the first application. The priority period is six months for trademarks.

Before considering filing a trademark with an office, it is necessary to make sure that the trademark is not already registered by another person. It is then sufficient to consult the databases of the offices in which are grouped all the trademarks already registered or in the process of being registered. The notion of distinctiveness is important in industrial property.

Indeed, a trademark is any sign, symbol, logo or any external appearance that will allow the average consumer not to confuse the trademarks between them. Signs allow companies to distinguish themselves from each other. A brand can take many forms: word, name, slogan, logo or a combination of several of these elements. This notion of distinctiveness is essential for the registration of the trademark, it allows to avoid an opposition procedure to the registration of the trademark on the basis of infringement.

Protecting your trademark allows you to use it without someone else infringing on it or without the use of your trademark infringing on another. Indeed, when your trademark is registered by the office, it does not infringe on the goods and services of an earlier trademark. If a new trademark infringes on your trademark, it is possible to file an opposition to the registration of this trademark.

 

Registration of trademark (INPI)

 

To register a trademark in France, the procedure is carried out in a dematerialized way on the INPI website. The duration of the registration is 10 years, the same period for each renewal to be made at the office. It is however possible to renew an expired trademark registration within 6 months following the last day of the month of expiration, however a 50% fee surcharge will be required.

 

How much will it cost to register a trademark with INPI

 

The INPI website specifies that the cost of registering a trademark with the INPI is 190 euros for one class and 40 euros for each additional class. For the renewal the price is 290 euros for one class and 40 euros per additional class.

The price for filing a trademark with the EUIPO is 850 euros for an electronic filing, plus 50 euros for a second class and 150 euros for any additional classes. For a renewal of a European trademark, it will be necessary to count 850 euros then 50 euros for a second class and 150 euros for all additional classes.

The price for an international trademark application varies depending on the countries that are covered by the application.

 

Today in France the registration of a trademark is not mandatory, however, not registering a trademark is taking risks. In France, the rights on a trademark are acquired by its registration and not by its use. Thus, the registration of a trademark provides legal protection.

However, it is important to perform prior searches to ensure that the trademark registration is possible. This work can be performed by patent attorneys, which adds a cost but ensures the validity of the trademark registration project.

 

 

See also…

 

♦Trademarks, other distinctive signs and franchise

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Brief : The modernization of SYRELI

Written by Dreyfus22/02/2022

In 2011, the AFNIC launched a new dispute resolution system named SYRELI.

This dispute resolution system competes with the PARL Expert and makes it possible for people and companies to obtain the removal or transfer of a domain name.

 

The AFNIC has recently modernized its platform, in order to simplify the process for their users to create and follow-up their files.

The new system brings forth several important changes. One of them is that there is no limit anymore on the amount of characters that parties can use in their arguments.

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Brief : The AFNIC 2020 annual report

Written by Dreyfus22/02/2022

The digital transition of small and medium-sized enterprises was the AFNIC’s 2020 target – a year marked by the health and economic crisis. This target was reflected in the 2020 Annual Report of the French association. The report was released in June 2021.

 

In fact, there was a growth of 7% of <.fr> registrations with a total reach of 3,670,372 registered names at the end of 2020. The reason of this growth were the AFNIC’s efforts to make the registration and use of <.fr> more accessible, safe and proximate.

 

Given the increasing need for digital transformation, small and medium-sized enterprises had little choice but to develop and exploit Internet activities. The AFNIC organized a massive promotion of a secure and advantageous online presence via its Réussir-en.fr device. Thanks to this initiative, digital transitions took place more efficiently and more often.

 

In addition, the AFNIC signed a partnership with the DGCCRF (Directorate General of Competition, Consumer and Repression of Fraud). The aim of their partnership was to transmit the list of corresponding domain names to the DGCCRF on a daily basis, in order to block sites that supported or facilitated deceptive marketing practices. The general idea was to create a climate of trust.

 

Finally, the AFNIC Foundation took measures, in the context of the worldwide health crisis, to support local initiatives. The foundation aimed to reduce the distance with the digital environment and to restore the social connection, in particular through: purchasing computers for schoolchildren, purchasing sound equipment for EHPAD residents or setting up dematerialized accompaniments in order to find jobs online.

 

The AFNIC succeeded to achieve its 2020 goal to ensure the digital transition of small and medium-sized enterprises through making <.fr> safer and more accessible, through massive promotion and through supporting local initiatives to reduce the distance with the digital environment and to restore the social connection.

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« .au direct »: the new Australian namespace that will launch on March 24, 2022

Written by Dreyfus08/02/2022

On the 24th of March 2022, a new name space will launch in Australia: “.au direct”.

It is a new name space that enables Australian citizens, permanent residents and organizations registered in Australia to register domain names directly before the .au.

Instead of registering and using domain names in the traditional namespaces such “com.au”, or “org.au”, “net.au”, “gov.au”, “edu.au” etc., Australian internet users will be able to opt for simpler and shorter domain names directly ending with “.au”.

In fact, the new name space enables two application possibilities. You can register a completely new “.au direct” name that isn’t registered in any existing .au namespace. The second option is to register the exact match of an already existing .au domain that you hold.

Where to register your “.au direct” domain name and at what price? 

From March 24, 2022, you will be able to simply register new or matching “.au” domain names through participating auDA accredited registrars. Bearing in mind that the rule of supply and demand applies, the registration prices vary between different registrars. It is likely that a potentially popular name is more expensive than an ‘ordinary’ one. Nonetheless, the official administrator of Australia’s .au top level domain (the “auDA”) sets the wholesale price for all .au domain names. Whether you opt for a “com.au”, “net.au” or “.au direct”, the wholesale price will be the same.

What are the requirements?

First of all, you need to prove a verifiable Australian presence. Article 1.4 of the .au Domain Administration Rules provides an exhaustive list of 17 natural and legal persons that are considered to have an ‘Australian presence’. In short it concerns Australian citizens, permanent residents of Australia and organizations and companies registered in Australia. This Australian presence is thus the first requirement for any person or organization who wants to register a “.au direct” domain name.

The second requirement regards the name itself. Although there are no allocation rules for the “.au” namespace, in the sense that you can freely choose any name, this doesn’t mean that there are no restrictions.

First, the name that you would like to register needs to be available. Considering the new namespace will launch in March 2022, the availability is not a problem (yet). But the ‘first come, first served rule’ applies so the risk of unavailability will be something to bear in mind.

Second, the name cannot be mentioned in the « reserved list ». Under the Licensing Rules, you can’t apply for a registration of a word, acronym or abbreviation that is restricted or prohibited under an Australian law or a name or abbreviation of an Australian state or territory, including the word ‘Australia’.

Finally, you can’t register a name that is deemed to pose a risk to the security, stability and integrity of the “.au” and global Domain Name System.

The second requirement consists thus of a negative requirement; you cannot register an unavailable name, nor a so-called reserved name.

How to register “.au direct” domain names?

Provided that the Australian presence and availability requirements are met, you will be able to register any new “.au direct” name via any participating auDA accredited registrar starting from March 24.

Furthermore, provided that these same requirements are met, Australian internet users will also be able to register the exact match of an existing .au domain that you already hold. However, this allocation process is a bit more complex. The .au Domain Administration Rules provide for a “Priority Allocation Process”. This process foresees a six-month “Priory Application Period” – from March 24 until September 20, 2022 – for holders of a “.au” name in another namespace (such as “com.au”, “org.au” or “net.au”) who would like to apply for its exact “.au direct” match.

For example, if you own the domain name “dreyfus.com.au”, you can apply for the registration of “dreyfus.au” within this period via an accredited registrar. If it appears that the requirements are met, you will get a priority status and you will be put on “Priority Hold for the Priority Application Period”. Through this status, you have the first opportunity to register the name which prevents third parties from registering it.

In some cases, there may be more than one applicant for the same “.au direct” domain name. For instance, if you hold the domain name “dreyfus.com.au” and a third party holds the domain name “dreyfus.net.au”, and you both want to register the “dreyfus.au” direct domain name, the “.au direct” exact match will be allocated according to the Priority Allocation Process.

A distinction is made between two priority categories. The first Priority Category regards names that are created on or before the 4th of February 2018. The second Priority Category regards Names created after the 4th of February 2018.

Under Article 1.9 of the .au Domain Administration Rules, Category 1 applicants have priority over Category 2 applicants.

In case there are multiple Category 1 applications, the name is allocated on agreement/negotiation between the Category 1 applicants.

Finally, if there are only Category 2 applicants, the name is simply allocated to the applicant with the earliest creation date.

As a final note, registering a “.au direct” domain name does not entail any negative consequences. You can always attempt to register your “.au direct” exact match because it has no consequences on your existing .au domain names. So, if you already own the domain name “dreyfus.com.au” and you want to register “drefyus.au”, the domain name “dreyfus.com.au” will not be affected by this registration and will continue to exist.

On the 24th of March 2022, the new “.au direct” namespace will thus launch in Australia.

This new name space that enables anyone with a verified connection to Australia, such as citizens and permanent residents of Australia and organizations registered in Australia, to register “.au direct” domain names. Instead of registering and using names in the traditional namespaces, it will be possible to opt for simpler and shorter domain names that directly ends with “.au”.

The first possibility is to apply for a registration of a new .au direct names that are not already registered in the .au registry.

The second possibility consist of registering the exact match of existing .au domain names. The allocation of these domain names is regulated by the specific provisions of the “Priority Allocation Process”.

About this topic…

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The next round of application for gTLDs

Written by Dreyfus02/02/2022

Homme – réseau – internet - informatiqueIn 2013, ICANN launched a vast operation to remedy domain name saturation and promote competition by setting up new gTLDs. These new extensions have helped unclog the market for more traditional extensions such as “.com”.

With the next application window expected in 2022, many companies are already showing a strong interest in “.BRAND”, such as Uber, which reportedly announced it at an ICANN virtual meeting (as reported by a GoDaddy registrar).
The personalised extension has many advantages, such as trust, since the company only is able to allow the registration of a domain name in its “. BRAND”. It also shows the willingness of companies to invest in order to enhance their trademarks.

 

On the other hand, other companies, due to lack of use or for other reasons, such as the restrictions that weigh on any registry, decide to terminate their “.BRAND”. In May, June and July 2021, four companies proceeded to this termination. This is what the recent update of the ICANN website shows:

 

• The “.SWIFTCOVER” for the company Swiftcover of Axa.
• The “.RMIT” for the company Royal Melbourne Institute of Technology
• The “.DABUR” for the company DABUR India Limited
• The “.LIXIL” for LIXIL Group Corporation

In 2012, many big companies applied for their “.BRAND”. It should be noted, however, that this application has a significant cost. In addition to the technical and consulting fees, the amount to apply was US$ 180,000 per application in 2012.

With the challenges raised by the security on the Internet and the obligations that weigh on companies, especially to protect the data of their customers, it is very likely, despite these costs, that the next round will be a real success. Many “.BRAND” are successfully used today, both from a marketing point of view and in terms of the security they provide to Internet users.

 

About this topic…

 

♦How to prepare for the next round of applications to the <.mark>?

♦ICANN Summit: the fight against DNS abuse, a GAC priority

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Are trademark payment notices always to be trusted?

Written by Dreyfus14/01/2022

Avis de paiementPrepare and prevent, don’t repair and prevent…This saying also applies to trademarks, since fraudulent payment notices are becoming more and more common nowadays.

 

How is this happening?

 

Dishonest private companies, scammers, approach trademark applicants directly to ask them to pay certain service fees or other payments that are in fact neither necessary nor legally required.

It is therefore crucial to be vigilant.

Since trademark registration and management are already time-consuming and expensive enough, it goes without saying that paying scammers for their so-called trademark services is unnecessary. You should be extra vigilant when enquiries about trademark procedures do not come directly from your usual counsel.

However, fraud is not always easy to detect and the imagination of fraudsters is endless.

For instance, some fraudsters approach trademark owners directly by e-mail and demand payment of certain expenses, fees or additional charges to obtain trademarks’ registration when these expenses are purely fictitious. The payment notices are often for trademark monitoring services, additional registration services or services related to trademark renewal.

The problem is that trademark owners are very often approached by a so-called official agency, company or institution and sometimes even a so-called public authority or government. They use the same official templates, signatures and stamps as these types of entities and they provide the exact data of the trademark application or registration in question. After all, this kind of information is relatively easy to find online.

 

Another issue is the cross-border nature of these scams.

It may happen that trademark owners receive a notice from a Russian, Indian or Chinese company. While it is perfectly possible that payment notices from foreign countries are made in good faith, it is always beneficial to carefully check the accuracy and legitimacy of such notices.

 

Here are our advices.

 

Firstly, we invite you to check the stage of the proceedings in which your trademark is located. Isn’t it strange to pay fees for the registration or renewal of a trademark if the time limit has not even started or has already expired?

We encourage you to be vigilant. Do not hesitate to ask us questions when you receive documents that do not come from Dreyfus. Indeed, it is always wise to contact your legal adviser before making a payment. Dreyfus is specialised in these matters and is fully aware of the applicable time limits, procedural steps and expenses.

There are also official offices and agencies that can be contacted in the event of a suspicious or misleading trademark notice. For instance, the United States Patent and Trademark Office (USPTO) can be contacted. Although this office does not have the legal authority to prevent companies from engaging in these types of fraudulent practices, the USPTO does assist in the fight against fraudulent trademark notices. The USPTO issues reports and works with the Department of Justice and the Federal Trade Commission. Trademark owners can always file complaints with the Federal Trade Commission. This commission has the power to investigate and even prosecute if, for example, a particular company commits fraudulent business practices on a large scale. Dreyfus can assist you in filing such complaints and prevent you from being entrapped.

Fraudulent trade mark notices are becoming increasingly common. It is important to be very vigilant, to check the applicable time limits, to contact your Trademark Attorney before making any payments. At Dreyfus, we work with trademark offices and official agencies, such as the USPTO, in case of trademark notices that are suspicious or appear to be misleading.

 

About this topic…

 

♦ Why is the well-knownness of an earlier trademark not enough to qualify bad faith?

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ICANN Summit: the fight against DNS abuse, a GAC priority

Written by Dreyfus11/01/2022

recommandationThe 71st ICANN Summit gave its GAC (Governmental Advisory Committee) the competence to take stock of the essential elements of its missions, reflected in its report of June 21, 2021. In the “Issues of Importance to the GAC”, several elements were highlighted.

1. The next round of new gTLDs allow companies to have a TLD in their name

 

Göran Marby, CEO of ICANN, recalled that strengthening competition and improving the opportunities of Internet users to benefit from their own identifiers is part of ICANN’s duty. The ICANN presented the ODP (Operational Design Phase). This is a system that provides information on the operational issues of the project and aims to implement advice to make the procedure more effective.

But on the other side of the coin, there are also fraudsters amongst the beneficiaries. This is the case, for instance, regarding new gTLDs that were launched on the market almost ten years ago (like <.icu> or <.guru>).

 

 

2. Addressing the issue of domain name abuse

 

The issue of DNS abuse remains a flagship issue for the CAG, who describes the problem as a “priority”. DNS abuse is a term that refers to piracy cases where domain names are registered and used for fraudulent purposes such as phishing. The idea of the Framework on Domain Generating Algorithms (DGA) associated with Malware and Botnets was created. The objective of this framework is to place registries at the center of the fight against these abuses, and to encourage them to prevent the blocking of domain names from DGA’s. These DGA’s are algorithms used to generate a very large amount of domain names that can serve as meeting points between control servers and the command, allowing botnets to thrive more easily.

 

3. Reliability of Data

The GAC highlighted the importance of the correctness and completeness of domain name registration. Data reliability is an important aspect to ensure the prevention of – and fight against DNS abuses. It recalls the obligation of registers and registration offices to verify, validate and correct data. One of the objectives is to respond to the pitfalls of these data in a timely and efficient manner. The GAC specified that this should not only concern compliance with the GDPR but that it should include all information relating to domain names.

 

4. Accessibility of data

The ODP for Stage 2 of the EPDP has been put on the table. The purpose of this ODP is to inform interested parties on the question whether the SSAD (System for Standardized Access/Disclosure) works in favor of the interests of the ICANN community, especially in view of its impact in terms of costs. For the record, via the SSAD, it is possible to get information about requests that demand to lift the anonymity on certain domain names.

Phase 2A of the EPDP (Accelerated Policy Development Process) was discussed after the release of the EPDP Phase 2A Initial Report on the “Temporary Specification” (which is a new version of the Whois). This report provides guidance on how to publish registration information on companies that is not protected by the GDPR as well as email addresses for those who are anonymized.

 

5. Consumer protection

Finally, the recommendations of the CCT (Competition, Consumer Trust and Consumer Choice Review) were addressed. Among the recommendations that the GAC would like to see implemented was a pro bono assistance program as well as the recommendation concerning the identification of party chains that are responsible for registering domain names.

The ICANN’s report of June 21, 2021 highlighted several important elements. The fact that new gTLDs allow companies to have a TLD in their name engenders both benefices and dangers. It underlined the issue of domain name abuse and the importance of the correctness and completeness of domain name registration data, as well as the importance of accessibility of data and the need for consumer protection.

 

 

Dreyfus law firm

 

 

 

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