Friday, June 13, 2014

New gTLD Registry Operator Code of Conduct

Is required an evaluation of whether the TLD string is a Generic term. This is to ensure that the Registry Operator will be able to meet the obligations under Specification 11 of the Registry Agreement, which amongst other things does not allow a Registry Operator of a Generic TLD to operate in an exclusive manner. Whether a word is considered to be Generic has to do with the usage of the word, and not the word itself. For example, the word "table" in and of itself is a generic word that describes a class of goods. However, if a Registry Operator applied for .TABLE and it is in the business of selling paintings and will use the TLD to promote and sell paintings, it is not considered Generic. In some instances, it is clear if the TLD is Generic, and in other instances, the distinction is more nuanced, and much analysis, review, research, and discussions are required.
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