ICANN Free to Proceed with the Delegation of .AFRICA Following Court Decision
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LOS ANGELES – 9 February 2017 – The Internet Corporation for Assigned Names and Numbers (ICANN) announced that a California Superior Court has denied DotConnectAfrica's (DCA's) second Motion for Preliminary Injunction to stop the delegation of the .AFRICA generic top-level domain (gTLD) to ZA Central Registry (ZACR). DCA's first Motion for Preliminary Injunction was denied by the Superior Court in December 2016.
Among other things, the Judge found that it appears the "Covenant Not to Sue" found in the New gTLD Applicant Guidebook is enforceable, citing to the recent Federal District Court Order in the Ruby Glen, LLC v ICANN matter [PDF, 62 KB], wherein the Court held that the "covenant not to sue" in the Guidebook is enforceable. Accordingly, the Superior Court Judge ruled that "DCA's claims against ICANN for fraud and unfair business practices are likely to be barred. As a result, DCA cannot establish that it is likely to succeed on the merits."
View the Court Order here.
In accordance with the terms of its Registry Agreement with ZACR for .AFRICA, ICANN will now follow its normal processes towards delegation.
ICANN's mission is to help ensure a stable, secure and unified global Internet. To reach another person on the Internet, you have to type an address into your computer - a name or a number. That address has to be unique so computers know where to find each other. ICANN helps coordinate and support these unique identifiers across the world. ICANN was formed in 1998 as a not-for-profit public-benefit corporation and a community with participants from all over the world. ICANN and its community help keep the Internet secure, stable and interoperable. It also promotes competition and develops policy for the top-level of the Internet's naming system and facilitates the use of other unique Internet identifiers. For more information please visit: www.icann.org.