Difference between revisions of ".eco"

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{{TLD|
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'''.eco''' is a generic [[TLD|top level domain]] for use by "any business, government, non-profit or individual working toward a sustainable future."<ref>[http://go.eco Go.eco]</ref>. The TLD is operated by [[Big Room Inc.]] a certified [[B Corporation]].
|logo  =
 
|status = Proposed
 
|manager  =
 
|country  = International
 
|stringcontention = Yes
 
|registryprovider  =
 
|date  =
 
|type  = [[Community gTLD]] & [[gTLD|Generic]]
 
|community  = environmental/ecological community
 
|keypeople  =
 
}}
 
'''.eco''' is a proposed [[gTLD]] in [[ICANN]]'s [[New gTLD Program|new gTLD program]]. At one time, there were multiple companies publicly interested in applying to manage a .eco TLD. The TLD is aimed at drawing attention to ecological causes, organizations, and other entities associating themselves with positive ecological developments.
 
  
One public applicant, [[Big Room Inc.]], has announced a partnership with [[Afilias]] for their back-end and technical needs, and also announced that they intend to apply for the TLD as a [[Community gTLD]]. They have been working with a Council of 13 environmental groups on a Policy Charter for .ECO since 2009. The Council is currently chaired by the World Wildlife Federation (WWF) International and Akatu Institute (Brazil). Other members include Greenpeace, Green Cross International, and Green Belt Movement International. In addition, over 20 other environmental groups, including 350.org, Ocean Conservancy, Amazon Watch and others from China, India, Europe and North America have endorsed the Council and Big Room's .ECO application. The goal is to demonstrate the requisite community support and define a purpose and policies for .ECO for the greater good.<ref>[http://news.dot-nxt.com/2012/02/06/dot-eco-interview Dot ECO Interview, News.Dot-Nxt.com]</ref>
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==Activation Requirements==
 +
The .eco TLD has established baseline requirements for those who wish to register .eco domain names. Applicants for .eco domains must establish a profile with the registry, identify the "areas of sustainability" that the applicant is focused on, and "pledge to support positive change for the planet and to be honest when sharing information on environmental actions."<ref name="activation">[https://support.go.eco/en/articles/578589-what-questions-do-i-need-to-answer-in-my-eco-profile Go.eco - What questions do I need to answer in my .eco profile?</ref>
  
===Contention===
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== Launch ==  
.eco was identified as a contentious TLD early on, with the main parties being [[Big Room Inc.]], and [[Dot Eco LLC.]]. Dot Eco LLC was aligned with former Vice-President of the USA, [[Al Gore]], and the Alliance for Climate Protection, the Sierra Club and Surfrider Foundation. Big Room Inc. was, at that time, largely associated with Mikhail Gorbachev, the Russian ex-president, Green Cross International and WWF International. In August 2009, Dot Eco LLC released a 'green paper' critiquing Big Room Inc.'s approach. Big Room did not respond to the critique other than that it was  'unfortunate'. <ref>[http://news.bbc.co.uk/2/hi/8199802.stm Green Domain Sparks War of Words, BBCNews.com]</ref>
 
  
On September 28, 2011, Al Gore's organization, the Climate Reality project dropped its support to the Dot Eco LLC bid to give way to the application of Big Room Inc., which is supported by Michael Gorbachev's Green Cross International. A spokesman from Gore's camp explained that Climate Reality as a non-profit organization has limited resources and they decided to focus their campaign on global climate issues. <ref>[http://www.businessgreen.com/bg/news/2112810/al-gore-mikhail-gorbachev-control-eco-domain Al Gore Mikhail Gorbachev Control Eco Domain, BusinessGreen.com]</ref> Despite losing Gore's support, [[Minds + Machines]] announced its intentions to apply for a [[.eco]] TLD whether they will do that under their own name or through a client or separate company remains unclear.<ref>
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The .eco domain was launched via a 60 day end date sunrise for registrants of ICANN's [[Trademark Clearinghouse]], followed by a two week quiet period.  
[http://www.mindsandmachines.com/tag/dot-eco/ Dot Eco, MindsAndMachines.com]</ref>
 
  
[[Top Level Domains Holding Ltd.]], the parent company of Minds + Machines which holds 25% stake on Dot Eco LLC. confirmed that the company will apply for the .eco gTLD. [[Peter Dengate Thrush]], Executive Chairman of Top Level Domains Holding said,''"...We believe the Dot Eco LLC consortium is exceptionally well placed to compete in every respect of its .eco application and run that gTLD in a meaningful manner. We are therefore delighted to continue give it our full infrastructural and financial support."'' <ref>
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Public launch began with a 7 day early access period, followed by general availability.
[http://www.investegate.co.uk/Article.aspx?id=201109300700572363P Top Level Domain Hdg. Dot Eco LLC will apply for .eco gTLD]</ref> Antony Van Couvering previously stated that applying for a community gTLD is too risky. He believes that the .eco TLD will not pass ICANN's Community Priority Evaluation, which means the company's application for .eco TLD will not be under community gTLD category.<ref>[http://www.circleid.com/posts/will_anyone_qualify_as_a_community_tld/ Will Anyone Qualify As a Community TLD?]</ref>
 
  
[[Planet Dot Eco, LLC]], a company based in Connecticut and trademark holder of .eco and a possible applicant for the .eco string filed an infringement case against Big Room Inc. and Dot Eco LLC on March 2, 2012. The complainant asked the court to order Big Room and Dot Eco LLC to stop submitting further documentation and withdraw their application for the .eco string with ICANN. Dot Eco LLC responded to the complaint with an argument that the trademark was obtained illegally by Planet.eco and it should be cancelled by the court. Dot Eco also argued that the complainant is is trying to prevent competition. On the other hand, Big Room filed a motion to dismiss because of lack of jurisdiction. <ref>
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Key launch dates:
[http://www.rfcexpress.com/lawsuits/trademark-lawsuits/california-central-district-court/91343/planet-eco-llc-v-big-room-inc-et-al/summary/ Planet.Eco LLC v. Big Room Inc. et al]</ref> <ref>[http://www.remarksblog.com/internet/as-gtld-window-closes-legal-disputes-heat/ AS GTLD WINDOW CLOSES, LEGAL DISPUTES HEAT UP: RIVAL.ECO APPLICANTS SPAR IN CALIFORNIA]</ref> <ref>
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* February 1 - April 2, 2017 - Sunrise (end-date)
[http://domainincite.com/three-way-legal-fight-over-eco-breaks-out/ Three-way legal fight over .eco breaks out]</ref>
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* April 18 - 25, 2017 - Early Access Program
 +
* '''April 25, 2017 - General Availability'''
  
[[Little Birch, LLC]], a company linked to [[Donuts]] also applied for the string. Donuts is a start-up company that applied for 307 new gTLDs, each under different company names. The company is backed by large venture capitalists and spent $56 million just for applications fees. [[Daniel Schindler]], co-founder and EVP of Marketing and Sales of Donuts is the main contact person. .  <ref>
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== Domain Granting Program ==
[http://www.domainnamenews.com/new-gtlds/donuts-inc-eye-popping-list-of-307-new-top-level-domains/11730 Donuts Inc eye popping list of 307 new top-level domains]</ref>
+
In September 2016, Big Room announced that it would be granting up to 500 domains to the environmental community. The grants would form a permanent reserved list of domains only accessible to environmental non-profits. 
  
===Early Criticism===
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Over 350 organizations from 50 countries expressed their views on what names should be reserved for community use.
There has been early speculation by one academic that the creation of a .eco TLD, while potentially helping some ecological causes, could have the effect of "greenwashing" non-eco-friendly companies and efforts. Greenwashing is defined as companies making deceptive or misleading claims that their services and products are environmentally friendly.<ref>[http://au.finance.yahoo.com/news/academic-sets-sights-eco-label-080457302.html Academic Sets Sights Eco Label, Au.Finance.Yahoo.com]</ref> That academic has stated that it is essential that ICANN award the dot eco bid with strong enviromental credentials and support to deter green washing. [https://twitter.com/#!/DrRimmer/status/167413957861195776]  
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 +
==Application History & Controversies==
 +
 
 +
=== Original Applicants ===
 +
''Prevailing Applicant''
 +
 
 +
1. [[Big Room Inc.]] - The only [[Community gTLD |community-priority application]]. This applicant submitted a [[PIC|Public Interest Commitment]], which can be downloaded [https://gtldresult.icann.org/application-result/applicationstatus/applicationdetails/1753 here].
 +
 
 +
''Other Applicants''
 +
 
 +
2. [[Donuts]] (Little Birch, LLC) - one of 307 gTLD applications submitted by the company. This applicant submitted a [[PIC|Public Interest Commitment]], which can be downloaded [https://gtldresult.icann.org/application-result/applicationstatus/applicationdetails/790 here].
 +
 
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3. [[planet.ECO LLC]]
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 +
4. [[Top Level Domain Holdings Ltd.]] (TLDH) - one of 68 gTLD applications submitted by the company. This applicant submitted a [[PIC|Public Interest Commitment]], which can be downloaded [https://gtldresult.icann.org/application-result/applicationstatus/applicationdetails/1523 here].
 +
 
 +
===Application History===
 +
.eco was one of the most publicly contested gTLD applications. By early 2009 [[Big Room Inc.]] and Dot Eco LLC had declared their intent to apply for .eco<ref>http://blogs.ft.com/tech-blog/2009/06/a-eco-echo-in-green-domain-bid/</ref>. Dot Eco LLC was endorsed by Al Gore, the Alliance for Climate Protection, the Sierra Club and Surfrider Foundation, but eventually chose not to seek community status<ref>https://gtldresult.icann.org/application-result/applicationstatus/applicationdetails/1523</ref>. Big Room Inc. was initially endorsed by Green Cross International and WWF International. 
 +
 
 +
In August 2009, Dot Eco LLC released a 'green paper' critiquing Big Room's approach. Big Room did not respond to the critique other than that it was  'unfortunate'.<ref>[http://news.bbc.co.uk/2/hi/8199802.stm Green Domain Sparks War of Words, BBCNews.com]</ref> Media characterization of the conflict generated significant press coverage, ranging from the New York Times<ref>https://green.blogs.nytimes.com/2009/09/29/comapnies-vie-for-control-of-dot-eco/</ref> to the Financial Times<ref>http://www.ft.com/cms/s/0/b5fb21a4-79a6-11df-85be-00144feabdc0.html?ft_site=falcon&desktop=true#axzz4XZRTEdfB</ref>. Following this, in 2011, Al Gore withdrew support for Dot Eco LLC. A spokesman explained that they had decided to focus on global climate issues.<ref>[http://www.businessgreen.com/bg/news/2112810/al-gore-mikhail-gorbachev-control-eco-domain Al Gore Mikhail Gorbachev Control Eco Domain, BusinessGreen.com]</ref> Despite losing Gore's support, Dot Eco LLC maintained its intention to submit a .eco application. TLDH eventually acquired Dot Eco LLC and then applied for .eco without requesting community priority<ref>https://gtldresult.icann.org/application-result/applicationstatus/applicationdetails/1523</ref>. 
 +
 
 +
In the interim, Big Room's proposal had gathered the support of more than 50 of the world's leading environmental organizations, including UN Environment, the International Union for the Conservation of Nature, WWF, Greenpeace, and many others<ref>https://www.theguardian.com/environment/2014/jun/26/battle-dot-eco-domain-name-internet-green-groups</ref>. These groups had collaborated independently on developing a unified vision for how .eco could support the interests of the community<ref>https://dotecocouncil.org/history/</ref>. This vision formed the backbone of the community section of Big Room's .eco application.
 +
 
 +
In 2012 it was revealed that four companies applied for .eco - Big Room, Donuts, Planet.eco and TLDH. Of these, only Big Room sought community designation. All applicants passed initial financial, technical and operational evaluation, except for Planet.eco, which failed, scoring 1/12 points<ref>https://newgtlds.icann.org/sites/default/files/ier/pt42qvwk2iuro7ami3jgke2i/ie-1-1710-92415-en.pdf</ref>. Planet.eco then sought extended evaluation, which it passed.<ref>https://newgtlds.icann.org/sites/default/files/eer/gl3khaf7ucheu7ro4hieth0e/ee-1-1710-92415-en.pdf</ref> Planet.eco then filed a limited rights objection against TLDH, which failed. Big Room Inc. then elected to undertake community priority evaluation, which it passed.<ref>https://www.theguardian.com/environment/2014/oct/09/dot-eco-domain-name-environmentalists-icann-control</ref> 
 +
 
 +
Donuts and TLDH then filed a reconsideration request to the ICANN Board, attempting to reverse this decision. The Board rejected the request. The rejection was then appealed to an independent panel, which also rejected the attempt. No applicant contested the ICANN Board's adoption of the panel's decision. 
 +
 
 +
As a result, following a four year evaluation and appeals process, Big Room now operates the .eco registry. 
 +
 
 +
=== planet .ECO Trademark Litigation ===
 +
Separate to the .eco application, Planet.ECO filed a trademark infringement case against Big Room Inc. and Dot Eco LLC on March 2, 2012 in the U.S. District Court for the District of Southern California. The complainant asked the court to order Big Room and Dot Eco LLC to stop infringing on their mark and force plaintiffs to withdraw their .eco gTLD applications. Dot Eco LLC responded to the complaint with an argument that the trademark was obtained illegally by Planet.ECO and that it should therefore be cancelled by the court. Big Room filed a motion to dismiss for lack of jurisdiction. That motion was granted. Planet .ECO subsequently withdrew the case against Dot Eco LLC.
 +
 
 +
Subsequent to this litigation, five cancellation actions have been commenced against planet .ECO's .ECO mark. All were dismissed without prejudice.<ref>[http://ttabvue.uspto.gov/ttabvue/v?pno=92051924&pty=CAN&eno=21 USPTO Cancellation number 92051924]</ref><ref>[http://ttabvue.uspto.gov/ttabvue/v?pno=92055469&pty=CAN&eno=11 USPTO Cancellation number 92055469]</ref><ref>[http://ttabvue.uspto.gov/ttabvue/v?pno=92055197&pty=CAN&eno=13 USPTO Cancellation number 92055197]</ref><ref>[http://ttabvue.uspto.gov/ttabvue/v?pno=92060403&pty=CAN&eno=12 USPTO Cancellation number 92060403]</ref><ref>[http://ttabvue.uspto.gov/ttabvue/v?pno=92060403&pty=CAN&eno=18 USPTO Cancellation number 92060403]</ref>
 +
 
 +
===European Commission Communiqué to ICANN===
 +
The [[European Commission]] flagged all applications for .eco outside of ICANN's defined remediation processes. Just after [[ICANN]]'s [[GAC]] issued its Early Warnings, which are advice given from one GAC member country to an applicant warning it of potential issues within its application, the [[European Commission]] issued a letter to all applicants within the [[New gTLD Program|new gTLD program]]. The letter highlights 58 applications that "could raise issues of compatibility with the existing legislation .. and/or with policy positions and objectives of the European Union." It notes a desire to open a dialogue with each offending applicant. Big Room entered into a dialogue and as a result of those conversations - and in dialogue with the environmental community - updated its PIC spec to include specific references to issues raised by the Commission. The Commission specifically noted that this objection is not a part of the GAC Early Warning process, and goes on to note that "the Commission does not consider itself legally bound to [ICANN] processes," given that there is not legal agreement between the two bodies.<ref>[http://domainincite.com/docs/20121127093808906.pdf DomainIncite.com/Docs] Published 27 Nov 2012, Retrieved 11 Dec 2012</ref><ref>[http://domainincite.com/11130-europe-rejects-icanns-authority-as-it-warns-of-problems-with-58-new-gtlds Europe Rejects ICANNs Authority As it Warns of Problems with 58 New gTLDs, DomainIncite.com] Published 27 Nov 2012, Retrieved 11 Dec 2012</ref>
 +
 
 +
===Economic Cooperation Organization Complaint to ICANN===
 +
An international governmental organization, the Economic Cooperation Organization, sent a letter of complaint to ICANN in February 2013 given that they use the 'eco' acronym for their work. In its letter the ECO states that it “expresses its disapproval and non-endorsement to all the applications for the .eco gTLD and requests the ICANN and the new gTLD application evaluators to not approve these applications.”<ref>[http://domainincite.com/11934-iranian-org-not-happy-about-eco-bids Iranian Org Not Happy About Eco Bids, DomainIncite.com] Published & Retrieved 20 Feb 2013</ref>. However, neither the Economic Cooperation Organization nor any of its member states objected to any .eco application via the ICANN Governmental Advisory Committee or as part of the new gTLD program. ICANN did not therefore act on this request, since it was not made through the organization's multi-stakeholder process.
 +
 
 +
===planet .ECO Legal Rights Objection Against Top Level Domain Holdings===
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A [[Legal Rights Objection]] was filed by the applicant planet .ECO, LLC, against applicant [[Top Level Domain Holdings Ltd.]].<ref>[http://www.wipo.int/amc/en/domains/lro/cases/ LRO Cases, WIPO.int]</ref> The objection was rejected by a [[WIPO]] panelist on August 26, 2013.<ref name="wipo">[http://www.wipo.int/export/sites/www/amc/en/domains/lro/docs/lro2013-0053.pdf Expert Determination - Legal Rights Objection, planet .ECO, LLC v. TLDH PDF]</ref> The Determination noted: "However, even assuming that, in view of the substantial identity of the applied-for string and the mark .ECO, there could be a likelihood of confusion between the two, the Panel finds that it would not be “impermissible”, since there is no evidence that the public would perceive it as a source identifier as opposed to as a descriptive term or prefix relating to ecology or environment."
 +
 
 +
===Big Room Inc. Community Priority Evaluation ===
 +
On 6 October 2014 the Economist Intelligence Unit, ICANN's community priority evaluator, awarded Big Room Inc.'s .eco application community priority.<ref>https://www.theguardian.com/environment/2014/oct/09/dot-eco-domain-name-environmentalists-icann-control</ref><ref name="priority">[https://www.icann.org/sites/default/files/tlds/eco/eco-cpe-1-912-59314-en.pdf Community Priority Evaluation Report - .eco], October 6, 2014</ref> In its evaluation, the panel noted:
 +
<blockquote>Many of the major catalysts of the modern environmental movement have continued or worsened in recent years, and the organizations founded with missions of environmental advocacy have redoubled their efforts. The number and breadth of environmental laws and protocols will continue to grow. The effects of climate change are especially long-term and many of the organizations in the application’s delineated community advocate for long-term solutions and measures that they have committed to seeing through. The Panel has therefore determined that the community as defined in the application demonstrates longevity. The pursuits of the .ECO community are of a lasting, non-transient nature. <br />
 +
In addition, as mentioned previously, the community as defined in the application has awareness and recognition of a community among its members. This is because the community is defined in terms of its association with, and active participation in, environmental activities. Its members are actively committed to environmental causes, such as sustainable use of the environment and environmental conservation and preservation.<ref name="priority" /></blockquote>
 +
 
 +
=== Donuts and TLDH use of ICANN Accountability Mechanisms ===
 +
On October 24, 2014, approximately 2 weeks after passing the community priority evaluation, the contention set status was changed to "on-hold" pending the resolution of ICANN accountability mechanisms, including a reconsideration request<ref>https://www.icann.org/resources/pages/14-46-2014-10-22-en</ref> submitted by Little Birch, LLC (Donuts) and Minds + Machines Group Limited (née Top Level Domain Holdings Ltd). On 18 November 2014 the ICANN Board issued a [https://www.icann.org/en/system/files/files/determination-little-birch-minds-machines-18nov14-en.pdf final determination] denying this reconsideration request.
 +
 
 +
On February 20, 2015 Big Room Inc. also submitted a reconsideration request <ref>[https://www.icann.org/resources/pages/reconsideration-15-2-big-room-inc-2015-02-23-en]</ref> to ICANN pertaining to delays associated with the [[Cooperative Engagement Process]]. The request stated: "Big Room Inc. (“Big Room”) respectfully requests Board reconsideration of ICANN staff inaction in connection with its failure to terminate the ongoing Cooperative Engagement Process (“CEP”) pertaining to the .ECO generic top-level domain (gTLD) subject matter." The request was withdrawn prior to ICANN Board consideration of the matter as a result of the CEP being terminated.
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 +
Subsequently, an [[independent review panel]] was convened to consider whether the ICANN Board Governance Committee acted appropriately in issuing a final determination<ref>[[https://www.icann.org/en/system/files/files/determination-little-birch-minds-machines-18nov14-en.pdf ICANN - Final Determination, Nov. 18, 2014]</ref> denying planet.ECO's reconsideration request.<ref>[[https://www.icann.org/resources/pages/various-v-icann-eco-hotel-2015-09-02-en ICANN Case Record - .eco and .hotel]</ref>
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 +
A hearing was held on December 7 2015. A final declaration was issued on February 12 2016. <ref name="IRP">https://www.icann.org/en/system/files/files/irp-despegar-online-et-al-final-declaration-12feb16-en.pdf</ref> The determination upheld Big Room's .eco application CPE evaluation result, noting: "And, "[a]s for the .eco IRP, it is clear that the Reconsideration Request [14-46] was misconceived and was little more than an attempt to appeal the CPE decision. Again, therefore, the .eco IRP was always going to fail." (Final Declaration at ¶ 156.)"<ref name="IRP" /> 
 +
 
 +
The ICANN Board adopted the final declaration March 10 2016 <ref>https://www.icann.org/resources/board-material/resolutions-2016-03-10-en</ref>. After a board member expressed concern that the March 10th adoption of the final declaration might have been subject to procedural irregularities, the ICANN Board issued a second resolution on May 27, 2016 reconfirming adoption of the final declaration.<ref>[https://features.icann.org/reconfirming-board-resolution-hotel-and-eco-irp-declaration Reconfirming the Board Resolution regarding .hotel and .eco, May 27, 2016]</ref>
 +
 
 +
=== Delegation to Big Room Inc. ===
 +
The .eco gTLD was delegated by IANA on August 29th, 2016 with [[Big Room Inc.]] as the [[Sponsoring Organization]].<ref>[https://www.iana.org/domains/root/db/eco.html IANA Delegation Record]</ref><ref>[https://www.icann.org/resources/agreement/eco-2016-07-08-en Registry Agreement - Big Room Inc. & ICANN]</ref>
  
 
==References==
 
==References==

Latest revision as of 19:09, 7 May 2024

.eco is a generic top level domain for use by "any business, government, non-profit or individual working toward a sustainable future."[1]. The TLD is operated by Big Room Inc. a certified B Corporation.

Activation Requirements[edit | edit source]

The .eco TLD has established baseline requirements for those who wish to register .eco domain names. Applicants for .eco domains must establish a profile with the registry, identify the "areas of sustainability" that the applicant is focused on, and "pledge to support positive change for the planet and to be honest when sharing information on environmental actions."[2]

Launch[edit | edit source]

The .eco domain was launched via a 60 day end date sunrise for registrants of ICANN's Trademark Clearinghouse, followed by a two week quiet period.

Public launch began with a 7 day early access period, followed by general availability.

Key launch dates:

  • February 1 - April 2, 2017 - Sunrise (end-date)
  • April 18 - 25, 2017 - Early Access Program
  • April 25, 2017 - General Availability

Domain Granting Program[edit | edit source]

In September 2016, Big Room announced that it would be granting up to 500 domains to the environmental community. The grants would form a permanent reserved list of domains only accessible to environmental non-profits.

Over 350 organizations from 50 countries expressed their views on what names should be reserved for community use.

Application History & Controversies[edit | edit source]

Original Applicants[edit | edit source]

Prevailing Applicant

1. Big Room Inc. - The only community-priority application. This applicant submitted a Public Interest Commitment, which can be downloaded here.

Other Applicants

2. Donuts (Little Birch, LLC) - one of 307 gTLD applications submitted by the company. This applicant submitted a Public Interest Commitment, which can be downloaded here.

3. planet.ECO LLC

4. Top Level Domain Holdings Ltd. (TLDH) - one of 68 gTLD applications submitted by the company. This applicant submitted a Public Interest Commitment, which can be downloaded here.

Application History[edit | edit source]

.eco was one of the most publicly contested gTLD applications. By early 2009 Big Room Inc. and Dot Eco LLC had declared their intent to apply for .eco[3]. Dot Eco LLC was endorsed by Al Gore, the Alliance for Climate Protection, the Sierra Club and Surfrider Foundation, but eventually chose not to seek community status[4]. Big Room Inc. was initially endorsed by Green Cross International and WWF International.

In August 2009, Dot Eco LLC released a 'green paper' critiquing Big Room's approach. Big Room did not respond to the critique other than that it was 'unfortunate'.[5] Media characterization of the conflict generated significant press coverage, ranging from the New York Times[6] to the Financial Times[7]. Following this, in 2011, Al Gore withdrew support for Dot Eco LLC. A spokesman explained that they had decided to focus on global climate issues.[8] Despite losing Gore's support, Dot Eco LLC maintained its intention to submit a .eco application. TLDH eventually acquired Dot Eco LLC and then applied for .eco without requesting community priority[9].

In the interim, Big Room's proposal had gathered the support of more than 50 of the world's leading environmental organizations, including UN Environment, the International Union for the Conservation of Nature, WWF, Greenpeace, and many others[10]. These groups had collaborated independently on developing a unified vision for how .eco could support the interests of the community[11]. This vision formed the backbone of the community section of Big Room's .eco application.

In 2012 it was revealed that four companies applied for .eco - Big Room, Donuts, Planet.eco and TLDH. Of these, only Big Room sought community designation. All applicants passed initial financial, technical and operational evaluation, except for Planet.eco, which failed, scoring 1/12 points[12]. Planet.eco then sought extended evaluation, which it passed.[13] Planet.eco then filed a limited rights objection against TLDH, which failed. Big Room Inc. then elected to undertake community priority evaluation, which it passed.[14]

Donuts and TLDH then filed a reconsideration request to the ICANN Board, attempting to reverse this decision. The Board rejected the request. The rejection was then appealed to an independent panel, which also rejected the attempt. No applicant contested the ICANN Board's adoption of the panel's decision.

As a result, following a four year evaluation and appeals process, Big Room now operates the .eco registry.

planet .ECO Trademark Litigation[edit | edit source]

Separate to the .eco application, Planet.ECO filed a trademark infringement case against Big Room Inc. and Dot Eco LLC on March 2, 2012 in the U.S. District Court for the District of Southern California. The complainant asked the court to order Big Room and Dot Eco LLC to stop infringing on their mark and force plaintiffs to withdraw their .eco gTLD applications. Dot Eco LLC responded to the complaint with an argument that the trademark was obtained illegally by Planet.ECO and that it should therefore be cancelled by the court. Big Room filed a motion to dismiss for lack of jurisdiction. That motion was granted. Planet .ECO subsequently withdrew the case against Dot Eco LLC.

Subsequent to this litigation, five cancellation actions have been commenced against planet .ECO's .ECO mark. All were dismissed without prejudice.[15][16][17][18][19]

European Commission Communiqué to ICANN[edit | edit source]

The European Commission flagged all applications for .eco outside of ICANN's defined remediation processes. Just after ICANN's GAC issued its Early Warnings, which are advice given from one GAC member country to an applicant warning it of potential issues within its application, the European Commission issued a letter to all applicants within the new gTLD program. The letter highlights 58 applications that "could raise issues of compatibility with the existing legislation .. and/or with policy positions and objectives of the European Union." It notes a desire to open a dialogue with each offending applicant. Big Room entered into a dialogue and as a result of those conversations - and in dialogue with the environmental community - updated its PIC spec to include specific references to issues raised by the Commission. The Commission specifically noted that this objection is not a part of the GAC Early Warning process, and goes on to note that "the Commission does not consider itself legally bound to [ICANN] processes," given that there is not legal agreement between the two bodies.[20][21]

Economic Cooperation Organization Complaint to ICANN[edit | edit source]

An international governmental organization, the Economic Cooperation Organization, sent a letter of complaint to ICANN in February 2013 given that they use the 'eco' acronym for their work. In its letter the ECO states that it “expresses its disapproval and non-endorsement to all the applications for the .eco gTLD and requests the ICANN and the new gTLD application evaluators to not approve these applications.”[22]. However, neither the Economic Cooperation Organization nor any of its member states objected to any .eco application via the ICANN Governmental Advisory Committee or as part of the new gTLD program. ICANN did not therefore act on this request, since it was not made through the organization's multi-stakeholder process.

planet .ECO Legal Rights Objection Against Top Level Domain Holdings[edit | edit source]

A Legal Rights Objection was filed by the applicant planet .ECO, LLC, against applicant Top Level Domain Holdings Ltd..[23] The objection was rejected by a WIPO panelist on August 26, 2013.[24] The Determination noted: "However, even assuming that, in view of the substantial identity of the applied-for string and the mark .ECO, there could be a likelihood of confusion between the two, the Panel finds that it would not be “impermissible”, since there is no evidence that the public would perceive it as a source identifier as opposed to as a descriptive term or prefix relating to ecology or environment."

Big Room Inc. Community Priority Evaluation[edit | edit source]

On 6 October 2014 the Economist Intelligence Unit, ICANN's community priority evaluator, awarded Big Room Inc.'s .eco application community priority.[25][26] In its evaluation, the panel noted:

Many of the major catalysts of the modern environmental movement have continued or worsened in recent years, and the organizations founded with missions of environmental advocacy have redoubled their efforts. The number and breadth of environmental laws and protocols will continue to grow. The effects of climate change are especially long-term and many of the organizations in the application’s delineated community advocate for long-term solutions and measures that they have committed to seeing through. The Panel has therefore determined that the community as defined in the application demonstrates longevity. The pursuits of the .ECO community are of a lasting, non-transient nature.
In addition, as mentioned previously, the community as defined in the application has awareness and recognition of a community among its members. This is because the community is defined in terms of its association with, and active participation in, environmental activities. Its members are actively committed to environmental causes, such as sustainable use of the environment and environmental conservation and preservation.[26]

Donuts and TLDH use of ICANN Accountability Mechanisms[edit | edit source]

On October 24, 2014, approximately 2 weeks after passing the community priority evaluation, the contention set status was changed to "on-hold" pending the resolution of ICANN accountability mechanisms, including a reconsideration request[27] submitted by Little Birch, LLC (Donuts) and Minds + Machines Group Limited (née Top Level Domain Holdings Ltd). On 18 November 2014 the ICANN Board issued a final determination denying this reconsideration request.

On February 20, 2015 Big Room Inc. also submitted a reconsideration request [28] to ICANN pertaining to delays associated with the Cooperative Engagement Process. The request stated: "Big Room Inc. (“Big Room”) respectfully requests Board reconsideration of ICANN staff inaction in connection with its failure to terminate the ongoing Cooperative Engagement Process (“CEP”) pertaining to the .ECO generic top-level domain (gTLD) subject matter." The request was withdrawn prior to ICANN Board consideration of the matter as a result of the CEP being terminated.

Subsequently, an independent review panel was convened to consider whether the ICANN Board Governance Committee acted appropriately in issuing a final determination[29] denying planet.ECO's reconsideration request.[30]

A hearing was held on December 7 2015. A final declaration was issued on February 12 2016. [31] The determination upheld Big Room's .eco application CPE evaluation result, noting: "And, "[a]s for the .eco IRP, it is clear that the Reconsideration Request [14-46] was misconceived and was little more than an attempt to appeal the CPE decision. Again, therefore, the .eco IRP was always going to fail." (Final Declaration at ¶ 156.)"[31]

The ICANN Board adopted the final declaration March 10 2016 [32]. After a board member expressed concern that the March 10th adoption of the final declaration might have been subject to procedural irregularities, the ICANN Board issued a second resolution on May 27, 2016 reconfirming adoption of the final declaration.[33]

Delegation to Big Room Inc.[edit | edit source]

The .eco gTLD was delegated by IANA on August 29th, 2016 with Big Room Inc. as the Sponsoring Organization.[34][35]

References[edit | edit source]

  1. Go.eco
  2. [https://support.go.eco/en/articles/578589-what-questions-do-i-need-to-answer-in-my-eco-profile Go.eco - What questions do I need to answer in my .eco profile?
  3. http://blogs.ft.com/tech-blog/2009/06/a-eco-echo-in-green-domain-bid/
  4. https://gtldresult.icann.org/application-result/applicationstatus/applicationdetails/1523
  5. Green Domain Sparks War of Words, BBCNews.com
  6. https://green.blogs.nytimes.com/2009/09/29/comapnies-vie-for-control-of-dot-eco/
  7. http://www.ft.com/cms/s/0/b5fb21a4-79a6-11df-85be-00144feabdc0.html?ft_site=falcon&desktop=true#axzz4XZRTEdfB
  8. Al Gore Mikhail Gorbachev Control Eco Domain, BusinessGreen.com
  9. https://gtldresult.icann.org/application-result/applicationstatus/applicationdetails/1523
  10. https://www.theguardian.com/environment/2014/jun/26/battle-dot-eco-domain-name-internet-green-groups
  11. https://dotecocouncil.org/history/
  12. https://newgtlds.icann.org/sites/default/files/ier/pt42qvwk2iuro7ami3jgke2i/ie-1-1710-92415-en.pdf
  13. https://newgtlds.icann.org/sites/default/files/eer/gl3khaf7ucheu7ro4hieth0e/ee-1-1710-92415-en.pdf
  14. https://www.theguardian.com/environment/2014/oct/09/dot-eco-domain-name-environmentalists-icann-control
  15. USPTO Cancellation number 92051924
  16. USPTO Cancellation number 92055469
  17. USPTO Cancellation number 92055197
  18. USPTO Cancellation number 92060403
  19. USPTO Cancellation number 92060403
  20. DomainIncite.com/Docs Published 27 Nov 2012, Retrieved 11 Dec 2012
  21. Europe Rejects ICANNs Authority As it Warns of Problems with 58 New gTLDs, DomainIncite.com Published 27 Nov 2012, Retrieved 11 Dec 2012
  22. Iranian Org Not Happy About Eco Bids, DomainIncite.com Published & Retrieved 20 Feb 2013
  23. LRO Cases, WIPO.int
  24. Expert Determination - Legal Rights Objection, planet .ECO, LLC v. TLDH PDF
  25. https://www.theguardian.com/environment/2014/oct/09/dot-eco-domain-name-environmentalists-icann-control
  26. 26.0 26.1 Community Priority Evaluation Report - .eco, October 6, 2014
  27. https://www.icann.org/resources/pages/14-46-2014-10-22-en
  28. [1]
  29. [ICANN - Final Determination, Nov. 18, 2014
  30. [ICANN Case Record - .eco and .hotel
  31. 31.0 31.1 https://www.icann.org/en/system/files/files/irp-despegar-online-et-al-final-declaration-12feb16-en.pdf
  32. https://www.icann.org/resources/board-material/resolutions-2016-03-10-en
  33. Reconfirming the Board Resolution regarding .hotel and .eco, May 27, 2016
  34. IANA Delegation Record
  35. Registry Agreement - Big Room Inc. & ICANN