Skip to main content

Second Advisory Concerning ESI Litigation

(13 November 2000) In a 10 November 2000 Advisory, ICANN reported that Economic Solutions, Inc. (ESI) had filed suit in United States District Court in St. Louis, Missouri, and sought a temporary restraining order from that court to prohibit ICANN from establishing a ".biz" or ".ebiz" top-level domain (TLD) or any other TLD that is similar to the country code for Belize, ".bz."

On 13 November, the court denied ESI's request for a temporary restraining order. The court determined that ESI had not demonstrated that ICANN was subject to being sued in Missouri. The court also determined that ESI had failed to back up its claims on the merits:

Neither has plaintiff [ESI] demonstrated a likelihood of success on the merits of the Lanham Act and unfair competition claims, given the uncertain status of the claimed property rights in the ".bz" domain designation, the prospective and uncertain nature of possible establishment or use of assertedly competing TLDs, and questions concerning whether defendant's [ICANN's] role in the feared events could render it, as opposed to others actually employing the ".biz" or ".ebiz" designations, liable for false designation or unfair competition. As to plaintiff's tortuous interference claim, at this time defendant's proffered grounds for declining to take the administrative actions sought by plaintiff do not suggest a likelihood of success on the merits of plaintiff's claim. Furthermore, the tortuous interference claim and the allegations underlying it are unrelated to the substance of the TRO plaintiff seeks.

ICANN applauds this decision preserving the integrity of the ongoing consensus-based process for moving toward the establishment of new TLDs.

More Announcements
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."