The first WIPO expert determinations on legal rights objections (LROs) to applications for ICANN's new generic top-level domains (gTLDs) have been published. (For more information on gTLDs, see Article, Generic Top-level Domain (gTLD) Expansion.) Applications for the new gTLDs opened in January 2012 (see Legal update, ICANN opens applications for new generic top-level domain names). However, before any new gTLDs are approved and become operational, trade mark owners or intergovernmental organisations (IGOs) may file an LRO to a gTLD application, and ICANN has also established a range of mechanisms available for use once a new gTLD has been approved and becomes operational (see Legal update, WIPO outlines ICANN's trade mark rights protection mechanisms for new gTLDs for more information). The window for filing LROs closed on 13 March 2013. When an LRO is filed, an independent panel (comprised of one or three experts) will determine whether the applicant's potential use of the gTLD applied for takes unfair advantage of the distinctive character or the reputation of the objector's registered or unregistered trade mark or service mark, or IGO name or acronym; or unjustifiably impairs the distinctive character or the reputation of the objector's mark or IGO name or acronym; or otherwise creates an impermissible likelihood of confusion between the gTLD applied for and the objector's mark or IGO name or acronym (section 3.5.2, ICANN Applicant Guidebook). As at 12 July 2013, three decisions have been published. The first cases concern the gTLDs .vip, .rightathome and .home. The objections to the gTLD applications in issue were rejected in all three cases. These cases will be of particular interest since they provide the first indication of how the rules regarding LROs will be applied in practice.

Source: Legal Rights Objections filed with the WIPO Arbitration and Mediation Center; Right At Home v Johnson Shareholdings, Inc Case No LRO2013-0030, 3 July 2013; I-REGISTRY Ltd v Vipspace Enterprises LLC, Case No LRO2013-0014, 4 July 2013; Defender Security Company v Charleston Road Registry Inc Case No LRO2013-0032, 5 July 2013.