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Trademark Clearinghouse "Strawman Solution"

Forum Announcement: Comment Period Opens on Date: 30 November 2012
  • Top-level Domains
  • Intellectual Property
Purpose (Brief):

The Trademark Clearinghouse facilitates the protection of trademark rights during the initial allocation and registration periods for domain names in new generic top level domains (new gTLDs). All new gTLD registries will be required to use Clearinghouse data to ensure that a set of mandatory trademark rights protection mechanisms are applied to all new domain registrations occurring in at least the first 90 days of domain registration.

Following discussions at the Toronto meeting, ICANN met with a group of stakeholder representatives to complete implementation discussions on the Trademark Clearinghouse and its associated rights protection mechanisms. Among other subjects, these implementation meetings addressed the recent IPC/BC proposal for Improvements and Enhancements to the RPMs for new gTLDs [PDF, 68 KB].

Out of discussions evaluating the merits of these recommendations, the group produced at a strawman solution to address the concerns of affected stakeholders. This strawman solution is being posted for public comment.

One element of the IPC/BC proposal that was not included in the strawman solution concerned a proposal for a "Limited Preventative Registration" mechanism, which attempts to address concerns related to solutions to the second level defensive registration issue that did not achieve consensus among the participants in the implementation meetings. Although this revised proposal is not included in the strawman solution, this proposal is also being posted for public comment to determine whether it should also be considered along with the strawman solution.

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Domain Name System
Internationalized Domain Name ,IDN,"IDNs are domain names that include characters used in the local representation of languages that are not written with the twenty-six letters of the basic Latin alphabet ""a-z"". An IDN can contain Latin letters with diacritical marks, as required by many European languages, or may consist of characters from non-Latin scripts such as Arabic or Chinese. Many languages also use other types of digits than the European ""0-9"". The basic Latin alphabet together with the European-Arabic digits are, for the purpose of domain names, termed ""ASCII characters"" (ASCII = American Standard Code for Information Interchange). These are also included in the broader range of ""Unicode characters"" that provides the basis for IDNs. The ""hostname rule"" requires that all domain names of the type under consideration here are stored in the DNS using only the ASCII characters listed above, with the one further addition of the hyphen ""-"". The Unicode form of an IDN therefore requires special encoding before it is entered into the DNS. The following terminology is used when distinguishing between these forms: A domain name consists of a series of ""labels"" (separated by ""dots""). The ASCII form of an IDN label is termed an ""A-label"". All operations defined in the DNS protocol use A-labels exclusively. The Unicode form, which a user expects to be displayed, is termed a ""U-label"". The difference may be illustrated with the Hindi word for ""test"" — परीका — appearing here as a U-label would (in the Devanagari script). A special form of ""ASCII compatible encoding"" (abbreviated ACE) is applied to this to produce the corresponding A-label: xn--11b5bs1di. A domain name that only includes ASCII letters, digits, and hyphens is termed an ""LDH label"". Although the definitions of A-labels and LDH-labels overlap, a name consisting exclusively of LDH labels, such as"""" is not an IDN."