ICANN
Tags: APRA, arbitrage, ccTLD, conflict, dispute resolution, dispute resolution service provider, dns, domeinnaam, DRSP, gTLD, IANA, icann, registry, toplevel, UDPR.
ICANN stands for Internet Corporation for Assigned Names and Numbers. It is an international non-profit organization. ICANN was founded in 1998 and is responsible for the global management of the DNS for top-level domains. Later this management was also extended to related policy.
To reach another person on the Internet, you must type an address in the computer’s browser – a name (www.lawfox.nl) or a number (188.166.37.232). That address must be unique so that computers know where to find them – compare it to a home address. ICANN coordinates these unique IDs around the world. Through this coordination of unique identification numbers and names, we have one global internet. The ICANN manages this large address book for the internet. It is called the Domain Name System (DNS).
Technically, ICANN helps coordinate Internet Assigned Numbers Authority (IANA) functions. The IANA functions are essential technical services that are crucial for the further functioning of the DNS. These functions include:
- coordinating the assignment of technical protocol parameters including the management of the top-level domain address and routing parameter area (ARPA);
- managing certain responsibilities associated with Internet DNS root zone management such as generic (gTLD) and country code (ccTLD) top-level domains;
- the allocation of Internet numbering resources; and
- other services.
Domain names are not managed by ICANN itself, but by so-called registrars (singular: registry). If a party wishes to become a registry of a gTLD (generic top-level domain, such as .amsterdam, .frl), it must contact ICANN. ICANN requires the conclusion of a Registry Agreement for this.
All registrars must also follow the UDPR: the Uniform Domain-Name Dispute-Resolution Policy. Under that policy, most types of brand-related domain name disputes must be resolved through an agreement, lawsuit or arbitration before the registrar cancels, suspends or transfers the domain name. Disputes related to abuse of domain name registrations (such as cybersquatting) can be addressed through administrative procedures.
The trademark holder can file a complaint about this with an approved Dispute-Resolution Service Provider. To invoke the UDPR policy, a trademark owner must
(a) lodge a complaint with a court with jurisdiction to hear the domain name lawsuit or
(b) file a complaint with an approved Dispute-Resolution Service in the event of a wrongful domain name registration.
To Lexicon summary