Amazon.com gets big win in domain battle, may yet get .Amazon domain

[Bruna Santos]

I have attached is the declaration document, and Id also like to point out
the following items:

*"126.We conclude that Amazon is the prevailing party in this matter.
Accordingly, pursuant to Article IV, Section 3(18) of the Bylaws, Rule 11
of ICANN’s Supplementary Procedures and Article 31 of the ICDR Rules, ICANN
shall bear the costs of this IRP as well as the cost of the IRP provider.
The administrative fees and expenses of the International Centre for
Dispute Resolution (ICDR) totaling US$5,750 shall be borne by ICANN and the
compensation and expenses of the Panelists totaling US$314,590.96 shall be
borne by ICANN. Therefore, ICANN shall reimburse Amazon the sum of
US$163,045.51, representing that portion of said fees and expenses in
excess of the apportioned costs previously incurred by Amazon.*

*(...) *

*151. Also, for the most part, Amazon’s conduct in pursuing its application
was commendably reasonable. For example, it explicitly agreed not to apply
for gTLDs with the names (or words) “Amazonas,” “Amazonia” and close
variants thereof. Such a concrete effort at compromise should not be
ignored or taken for granted."*

I still find it difficult not to see 'amazon' as a close variant to *“Amazonas”
or “Amazonia”. *
Best,

Bruna

2017-07-18 13:06 GMT-03:00 Malisa Richards <malisarichards25.2008 at gmail.com>
:

> Independent review process recommends ICANN reconsider .amazon top level
>> domain name application.
>>
>> One of the biggest controversies in ICANN’s new top level domain name
>> program has been the denial of Amazon.com’s applications for the .Amazon
>> top level domain as well as the Chinese and Japanese equivalents.
>>
>> Amazon.com was one of the largest applicants for new domain names, but
>> its .brand strategy was thrown into disarray when when governments opposed
>> its .amazon application.
>>
>> This was bad for the new TLD programs supporters, as any use of .Amazon
>> by the internet giant would drastically increase awareness of alternative
>> endings to the right of the dot in domain names. Amazon has created some
>> sites on its other .brand domains, such as .AWS. But a major push on
>> .Amazon would raise the bar.
>>
>> On the surface, there was nothing in the new top level domain applicant
>> guidebook that disallowed the company from getting .amazon. Notably, it
>> wasn’t on a list of protected geographic names.
>>
>> But the governments of Brazil and Peru, which are among the countries
>> along the Amazon river, filed an early warning notice about the domain.
>> They had concerns that Amazon.com getting the domain name would somehow
>> hurt the people of the Amazon. It was perplexing
>> <http://domainnamewire.com/2013/12/10/hardheaded-governments-vs-amazon-com/>
>> .
>>
>> Yet, they were able to convince the ICANN Governmental Advisory Committee
>> (GAC) to issue consensus advice objecting to the issuance of the .amazon
>> domain. (A community objection filed by the independent objector was
>> denied.)
>>
>> The GAC advice didn’t come with much of a rationale. Nevertheless,
>> ICANN’s board gave deference to the advice and denied Amazon.com’s
>> applications for the three domains.
>>
>> Amazon filed for Independent Review and just got a big win
>> <http://domainnamewire.com/2013/12/10/hardheaded-governments-vs-amazon-com/> (pdf).
>> The panel determined that ICANN’s board gave too much deference to the GAC
>> and that it should reconsider its decision.
>>
>> The panel:
>>
>> …recommends that the Board of ICANN promptly re-evaluate Amazon’s
>> applications in light of the Panel’s declarations above. In its
>> re-evaluation of the applications, the Board should make an objective and
>> independent judgment regarding whether there are, in fact, well-founded,
>> merits-based public policy reasons for denying Amazon’s applications….The
>> GAC consensus advice, standing alone, cannot supplant the Board’s
>> independent and objective decision with a reasoned analysis.
>>
>> Following the decision, an Amazon.com spokesperson issued this statement
>> to Domain Name Wire:
>>
>> “We look forward to the ICANN Board re-evaluating our application for the
>> .AMAZON top level domain so that we may develop new experiences and
>> innovations on behalf of our customers.”
>>
>> *------------------------------*
>> *Best Regards,*
>>
>>
>> *Bertnell A. Malisa Richards *
>>
>
>


-- 
*Bruna Martins dos Santos *

+55 61 99252-6512
Skype ID: bruna.martinsantos
@boomartins
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