Public Comment
Modification of Domains Protected Marks List Service
Open Date
15 August 2018 23:59 UTC
Close Date
24 September 2018 23:59 UTC
Staff Report Due
18 October 2018 23:59 UTC
Brief Overview
Purpose: This public comment period is to gather community input on the proposed amendment [PDF, 204 KB] to modify Donuts, Inc.'s (Donuts) Domains Protected Marks List (DPML) service across all top-level domains (TLDs) in its portfolio. The modification to the service adds the following provision: "In some instances, approval from the applicable DPML holder may be required for a third party with the same trademark to register the blocked name." This amendment is intended to implement the request submitted by the registry operator via the Registry Services Evaluation Policy (RSEP) process to modify its DPML services.
Current Status: The ICANN organization has reviewed the Donuts proposal as required by the Registry Services Evaluation Policy (RSEP) and determined it does not raise significant competition, security or stability issues. The proposed modification to the service requires an amendment to the respective registry agreements. ICANN is seeking public comments on the proposed amendment that will enable implementation of this modification.
Next Steps: The ICANN org will prepare a Public Comment Summary and Analysis Report at the conclusion of the comment period. ICANN will take into account any comments received as it considers whether or not to approve the amendment.
Section I: Description and Explanation
On 12 June 2018, Donuts submitted a Registry Services Evaluation Policy (RSEP) request to modify its DPML service across all gTLDs in its portfolio. The DPML service currently allows DPML subscribers, who must be trademark rights holders, to block certain labels from registration across multiple gTLDs operated by the registry operator. However, blocking a label does not prevent other trademark rights holders from unblocking the label and registering the domain names. The proposed modification to the service adds the following provision: "In some instances, approval from the applicable DPML holder may be required for a third party with the same trademark to register the blocked name."
The ICANN organization has reviewed the Donuts proposal [PDF, 183 KB] and determined it does not raise significant competition, security or stability issues. The proposed modification requires an amendment to the respective registry agreements identified in Appendix I of the proposed amendment [PDF, 204 KB]. As this modification to the DPML service may have a significant impact on third parties, such as trademark rights holders and potential registrants, ICANN is seeking public comment on the amendment to implement the proposed modification.
Section II: Background
The ICANN org and Donuts have entered into registry agreements for multiple gTLDs since 2013. Those registry agreements include DPML as an additional registry service Donuts offers for the TLDs in its portfolio. Multiple gTLD registry agreements have also been assigned to Donuts from other registry operators and these registry agreements have been amended to include DPML. The registry agreements state, "Blocked labels do not prevent other trademark rights holders from unblocking the label and registering the domain name."
Section III: Relevant Resources
- Proposed Amendment [PDF, 204 KB]
- Donuts RSEP Request [PDF, 183 KB]
Section IV: Additional Information
- Sample Donuts DPML Provision [PDF, 217 KB]
- RSEP Webpage
- RSEP Policy
Comments Closed
Report of Public Comments