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{{TLD|logo =Dot_eco_logo_.jpg

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'''.ECO, since 2008 is owned and operated by [https://www.planetdoteco.com planet .ECO LLC] and Founded by two ecopreneurs.<ref>The United States Approves .ECO [https://www.prweb.com/releases/the_united_states_approves_eco/prweb17627572.htm] </ref>'''

'''.eco''' has over 3,000 domains in 140 countries. Small business, professionals and non-profits use .eco to build their brands while creating a better future for the planet.

.eco domains have been registered over 3,000 times in 140 countries. Small business, professionals and non-profits use .eco domains to build their brands while creating a better future for the planet.

====== Search for and register .eco domains now at: [https://www.go.eco/ www.go.eco] ======

For more than a decade .eco has been working with the internet and environmental communities to build .eco – an online home for businesses, non-profits and individuals working for an environmentally and socially sustainable world. More than 50 organizations support the .eco [[TLD]]. Founded by two environmentalists, .eco is backed by organizations including Conservation International, United Nations Global Compact, NRDC, Greenpeace and World Business Council for Sustainable Development.

====== Search for and register .eco domains now at: [http://www.ecodomains.org www.ecodomains.org]. ======

Based in Vancouver, Canada, .eco is operated by [[Big Room Inc.]] a certified [[B Corporation]].

For more than a decade .ECO has been working with the internet and environmental communities to build and protect .ECO – an online home for businesses, non-profits and individuals working for an environmentally and socially sustainable world. More than 50 organizations support the .eco [[TLD]]. .eco Top Level Domain is backed by organizations including Conservation International, United Nations Global Compact, NRDC, Greenpeace and World Business Council for Sustainable Development.  

== Launch ==  

== Launch ==  

=== Original Applicants ===

=== Original Applicants ===

1. [[planet.ECO LLC]] - the exclusive registrant of .ECO®, is a US-based Small Business, ([http://www.sba.gov/content/disadvantaged-businesses SBA-SDB)] <ref>[https://tsdr.uspto.gov/#caseNumber=3716170&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch .ECO U.S. Trademark, Registrant planet.ECO LLC. Retrieved 03 Nov 2015.]</ref>

 

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].

 

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].

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].

3. [[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].

3. [[planet.ECO LLC]] - A US-based Small Disadvantaged Business, ([http://www.sba.gov/content/disadvantaged-businesses SBA-SDB)], and exclusive owner of the only US-based .ECO® trademark.<ref>[https://tsdr.uspto.gov/#caseNumber=3716170&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch .ECO U.S. Trademark, Registrant planet.ECO LLC. Retrieved 03 Nov 2015.]</ref>

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].

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].

===Contention===

===Contention===

.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., applying via a Community Priority Mechanism it co-created, was initially endorsed by Green Cross International and WWF International.   

.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 and suggesting an investigation due to conflict of interest. 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 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, created since 2007, 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>. Big Room Inc. co-founders, formerly employed by the UN, and the unaware groups had collaborated independently on developing a unified vision, led by Big Room's 2007 plan for how .eco could support the interests of their intended community<ref>https://dotecocouncil.org/history/</ref>. This vision formed the backbone of the community priority section of Big Room's .eco application and was used in the consideration to designate .eco for delegation approval.

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 to obtain rights to operate the .eco registry  - planet .ECO, Donuts, Big Room Inc. and TLDH. Of these, only Big Room, who began applying for the .eco community 5 years ahead of the gTLD open application window, according to cc-founder Jacob Malthouse, sought community designation. 7 years later, all applicants passed initial financial, technical and operational evaluation, except for planet .ECO, which US based small disadvantaged business was required to provide evidence of $10,800,000 in continuing operating instrument in order to pass<ref>https://newgtlds.icann.org/sites/default/files/ier/pt42qvwk2iuro7ami3jgke2i/ie-1-1710-92415-en.pdf

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, met the new requirement and 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.'s  co-created community priority was regarded superior to planet .ECO's nationwide trademark priority and passed.<ref>https://www.theguardian.com/environment/2014/oct/09/dot-eco-domain-name-environmentalists-icann-control</ref>   

</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, in part citing discrimination of  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.   

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.   

planet .ECO operates the .ECO registry.   

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

=== planet .ECO, Big Room and Dot Eco LLC (TLDH) file Trademark Petition and Litigation ===

=== Planet.ECO Trademark Litigation ===

Separate to the .eco gTLD application contention, planet .ECO filed a trademark infringement case against Big Room Inc. and Dot Eco LLC on March 2, 2012 in Los Angeles District Court. 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, with an office in Connecticut, filed a motion to dismiss because of lack of jurisdiction that was granted. planet .ECO and Dot Eco LLC mutually withdrew and tolled their case against each other.. Subsequent to this litigation, six cancellation actions were brought against the planet .ECO, which prevailed in all cases. In its 4 litigation proceeding against planet .ECO on December 2016, Big Room falsely claimed planet .ECO committed fraud upon the United States Patent and Trademark Office and on May 7, 2019 the case was Dismiss with 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>   

Separate to the .eco application contention Planet.ECO filed a trademark infringement case against Big Room Inc. and Dot Eco LLC on March 2, 2012 in Los Angeles District Court. 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 because of lack of jurisdiction that was granted. Planet.ECO withdrew the case against Dot Eco LLC. Subsequent to this litigation, five cancellation actions have been commenced against the planet.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===  

===European Commission Communiqué 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.  

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===

===Planet.ECO Legal Rights Objection Against Top Level Domain Holdings===

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> A Legal Rights Objection, as defined by the ICANN approved mediator, [[WIPO]], is when, "third parties may file a formal objection to an application on several grounds, including, for trademark owners and Intergovernmental Organizations (IGOs) [..] When such an objection is filed, an independent panel (comprised of one or three experts) will determine whether the applicant’s potential use of the applied-for gTLD would be likely to infringe [..] the objector’s existing trademark, or IGO name or acronym."<ref>[http://www.wipo.int/amc/en/domains/lro/ LRO, WIPO.int] Retrieved 25 March 2013</ref> The objection was rejected by a WIPO panelist on August 26, 2013. See: [http://www.wipo.int/export/sites/www/amc/en/domains/lro/docs/lro2013-0053.pdf Expert Objection Legal Rights Determination PDF] . The Determination noted: "The Panel is mindful that...The Panel is not a court of law; its ‘jurisdiction’ is limited”.

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> A Legal Rights Objection, as defined by the ICANN approved mediator, [[WIPO]], is when, "third parties may file a formal objection to an application on several grounds, including, for trademark owners and Intergovernmental Organizations (IGOs) [..] When such an objection is filed, an independent panel (comprised of one or three experts) will determine whether the applicant’s potential use of the applied-for gTLD would be likely to infringe [..] the objector’s existing trademark, or IGO name or acronym."<ref>[http://www.wipo.int/amc/en/domains/lro/ LRO, WIPO.int] Retrieved 25 March 2013</ref> The objection was rejected by a WIPO panelist on August 26, 2013. See: [http://www.wipo.int/export/sites/www/amc/en/domains/lro/docs/lro2013-0053.pdf Expert Objection Legal Rights Determination PDF] . 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 ===

===Big Room Inc. Community Priority Evaluation ===

On 6 October 2014 the Economist Intelligence Unit, ICANN's community priority evaluator, announced Big Room Inc.'s .eco application priority<ref>https://www.theguardian.com/environment/2014/oct/09/dot-eco-domain-name-environmentalists-icann-control</ref>, [https://www.icann.org/sites/default/files/tlds/eco/eco-cpe-1-912-59314-en.pdf scoring the application 14/16 points]. In its evaluation the evaluation panel noted:  

On 6 October 2014 the Economist Intelligence Unit, ICANN's community priority evaluator, awarded Big Room Inc.'s .eco application priority<ref>https://www.theguardian.com/environment/2014/oct/09/dot-eco-domain-name-environmentalists-icann-control</ref>, [https://www.icann.org/sites/default/files/tlds/eco/eco-cpe-1-912-59314-en.pdf scoring the application 14/16 points]. In its evaluation the evaluation panel noted:  

 

 

The pursuits of the .ECO 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.  

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. 

Its members are actively committed to environmental causes, such as sustainable use of the environment and environmental conservation and preservation. 

=== Conclusion ===

=== Conclusion ===

There is no evidence supporting the Delegation of the .eco gTLD:  

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

* Delegation record: https://www.iana.org/domains/root/db/eco.html - provides evidence of a designation but not the delegation of .eco.

* Delegation record: https://www.iana.org/domains/root/db/eco.html

* Registry agreement: https://www.icann.org/resources/agreement/eco-2016-07-08-en - is contractually required in accordance with May 31, 2012 Solicitation Number: SA1301-12-RP-0043, Incorporated by reference into July 2, 2012 Federal Contract SA1301-12-CN-0035 for delegation request of .eco.

* Registry agreement: https://www.icann.org/resources/agreement/eco-2016-07-08-en  

==References==

==References==