RV: Comments to Applicant Guidebook Version 3

["Francisco Salamero" <FSL@xxxxxxxxxxx>]

> Dear Sirs,
> 
> We thank you for giving us the opportunity to send you our comments on the 
> content of this DAG3, which are as follows:
> 
> First of all we strongly believe that allowing the creation of new gTLDs will 
> be beneficial to the operation and development of the internet, especially 
> when account is taken of the unstoppable growth of online activities and the 
> current limitations imposed by the restricted number of TLDs available. This 
> increase will not only give internet users simpler access to an increasing 
> volume of information, it will also help to reduce the current levels of 
> domain name speculation caused by the limitations that are in place at 
> present. 
> 
> However, as a firm that has specialized in the defence of industrial and 
> intellectual property rights since 1865, we at ELZABURU feel that, in view of 
> the imminent revolution that will ensue from the availability of these new 
> GTLDs, it is vitally important to ensure that effective protection measures 
> for intellectual and industrial property rights are in place. 
> 
> In this regard, the inclusion of the prohibitions for applying for a gTLD set 
> out in section 1.2.1 of Module 1 of the DAG3 (which can also extend to 
> possible transfers) merits our full appreciation. However, we believe that 
> said prohibitions should be accompanied by additional measures aimed at 
> preventing the frequent cases of cybersquatting that legitimate owners are 
> forced to deal with.
> 
> In fact, in view of the frequency and intensity with which certain nationally 
> and globally reputed trademark rights are subject to abusive registrations on 
> the internet, we are of the opinion that a system should be put in place to 
> prevent such illegal activity and free the legitimate owners of said rights 
> from having to continually take the corresponding legal action. It is clear 
> that, given the high cost of challenging gTLDs, the need to continuously 
> revert to such actions will be economically unjust to the legitimate owners 
> of the rights.
> 
> Furthermore, while we are fully aware of the opportunity provided by these 
> new gTLDs  for communities and territories to make their presence felt on the 
> internet, we believe that the final version of the Guidebooks should reflect 
> the complex nature of this particular matter. For example, issues already 
> raised such as the position of state capitals versus cities with the same 
> name will require an adequate solution with a view to avoiding subsequent 
> conflicts.
> 
> Finally, in view of the great interest that these new gTLDs have aroused, we 
> trust that the Guidebooks can be finalized soon so that the corresponding 
> applications can be prepared and filed shortly.
> 
> We trust you will find these comments useful.
> 
> Best regards, 
> 
> Francisco Salamero
> fsl@xxxxxxxxxxx
> ELZABURU
> Estab 1865
> Abogados y Agentes P. Industrial e Intelectual
> Miguel Angel  21
> 28010  Madrid (Spain)
> Tel.: +34 91 700 9400 /       Fax: +34 91 319 3810
> www.elzaburu.es
>