Changes

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. [[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>

3. [[planet.ECO LLC]]  

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].

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 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

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>   

</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.   

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 Trademark Litigation ===

=== planet .ECO Trademark Litigation ===

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 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.  

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>

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>

===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, 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:  

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 />

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.  

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>

 

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. 

=== Donuts and TLDH use of ICANN Accountability Mechanisms ===

=== Donuts and TLDH use of ICANN Accountability Mechanisms ===

=== Delegation to Big Room Inc. ===

=== 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>  

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==