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

[McTim]

Hi Bruna,


On Tue, Jul 18, 2017 at 12:33 PM, Bruna Santos <bruna.mrtns at gmail.com>
wrote:

> 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. *
>


and this is a good thing.  ICANN's decision to kowtow to the GAC on this
was shameful and did not follow it's own rules.





> *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”. *
>


Umm, they applied for .amazon, the above was an attempt to make nice with
the GAC.  It was a good effort "*commendably reasonable" *for sure.

Regards,

McTim



> 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 <+55%2061%2099252-6512>
> Skype ID: bruna.martinsantos
> @boomartins
>



-- 
Cheers,

McTim
"A name indicates what we seek. An address indicates where it is. A route
indicates how we get there."  Jon Postel
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