Changes

{{DISPLAYTITLE:planet.ECO LLC}}

{{DISPLAYTITLE:planet .ECO LLC}}

{{CompanyInfo|

{{CompanyInfo|

| logo            = Dotecologo.png

| logo            = Dotecologo.png

| linkedin        = [http://www.linkedin.com/company/planet-ECO-llc planet dot ECO]

| linkedin        = [http://www.linkedin.com/company/planet-ECO-llc planet dot ECO]

| twitter        = planetdotECO

| twitter        = planetdotECO

| keypeople      = [https://en.wikipedia.org/wiki/Emmit_McHenry Emmit McHenry] (Special Advisor)<br /> [[Jean William]] (Cofounder)<br /> [[Moses Boone]] (Cofounder)<br /> [[Jack Gault]] (Advisor)<br />  [[Matthew Maounis]] (Advisor)<br /> [[Steve Silver]] (Advisor)

| keypeople      = [https://en.wikipedia.org/wiki/Emmit_McHenry Emmit McHenry] (Special Advisor)<br /> [[Jean William]] (Cofounder)<br /> [[Moses Boone]] (Cofounder)<br /> [[Jack Gault]] (Advisor)<br />  [[Matthew Maounis]] (Advisor)<br /> [[Steve Silver]] (Advisor)

}}

}}

The small business applied for ICANN’s evaluation criteria necessary for becoming the registry operator of the  [[.eco]] TLD. The mission of .ECO®, a brand and domain name-related services provider is to "connect people, communities and organizations, who work collaboratively across all digital mediums, to advance the sustainability of the planet." <ref>[http://www.planetdoteco.com/about/ Planet.ECO LLC Mission. Retrieved 30 Mar 2016.]</ref>

planet .ECO LLC was an unsuccessful applicant for the [[.eco]] gTLD. The mission of the company is to "connect people, communities and organizations, who work collaboratively across all digital mediums, to advance the sustainability of the planet." <ref>[http://www.planetdoteco.com/about/ Planet.ECO LLC Mission. Retrieved 30 Mar 2016.]</ref>

==New gTLDs==

==New gTLD Application & Dispute==

In addition to meeting the required $185,000 application evaluation fee and successfully completing [[ICANN]]'s 2-year extended and detailed evaluation, .ECO® also met a required Continued Operating Instrument of more than $10 million in guaranteed committed funds and passed ICANN’s evaluation criteria necessary for becoming a registry operator.

The [[.eco]] gTLD had a contentious application process. Four applicants submitted applications. Of the four, only Big Room LLC obtained community priority status.<ref>[https://www.icann.org/en/system/files/files/determination-little-birch-minds-machines-18nov14-en.pdf ICANN Board Governance Committee Determination, Reconsideration Request 14-46], November 18, 2014</ref> As a result, the contention set was resolved and only Big Room's application was allowed to proceed. The domain was delegated to Big Room in 2016.<ref>[https://www.iana.org/reports/c.2.9.2.d/20160825-eco IANA.org - Delegation Report for .eco], August 25, 2016</ref>

The following activities and events are of public record in the United States Patent and Trademark Office (“Office”) and represent 12 years of litigation brought by companies Big Room Inc., Top Level Domain Holdings Inc. (TLDH) and Doteco, LLC, all founded and operated by former ICANN Chair, Board Members and Key Executives vying to obtain control over the wordmark “.eco” — an incontestable domain name related trademark, exclusively held by planet .ECO® LLC (“.ECO®”).

planet.ECO LLC continues to assert that it is the rightful owner of the .eco domain. This claim is based in part on its trademark registrations and in part on innuendo that the delegation to Big Room either didn't happen or was invalid.<ref>See, for example, Jean William's comments to [http://domainincite.com/15975-final-eco-applicant-completes-evalution#comment-562397 this Domain Incite article] reporting on planet.ECO's successful navigation of applicant review</ref> A recent press release states in part that "[s]ince 2009, planet .ECO has been the exclusive registrant of .ECO and continues to provide .ECO domain, database management and advertising agency services."<ref>[https://www.send2press.com/wire/eco-brand-unites-those-committed-to-fighting-climate-change/ SendPress.com - ECO brand unites those committed to fighting climate change], October 6, 2020</ref> Similarly, a recent edit to this article read in part:

# On July 15, 2008 Big Room Inc. submitted trademark application # 77523010, and was Refused, Dismissed, or Invalidated by the Office, due to likelihood of confusion with “.eco” mark(s) owned by .ECO®.

The following activities and events are of public record in the United States Patent and Trademark Office (“Office”) and represent 12 years of litigation brought by companies Big Room Inc., Top Level Domain Holdings Inc. (TLDH) and Doteco, LLC, all founded and operated by former ICANN Chair, Board Members and Key Executives vying to obtain control over the wordmark “.eco” — an incontestable ''domain name related trademark,'' exclusively held by planet .ECO® LLC (“.ECO®”). [Emphasis added, list of trademark actions and appeals omitted]

# On July 15, 2008 Big Room Inc. submitted trademark application # 77523015, and was Refused, Dismissed, or Invalidated by the Office, due to likelihood of confusion with “.eco” mark(s) owned  by .ECO®.

# On January 8, 2009 Big Room Inc. submitted trademark application # 77646029  and was Refused, Dismissed, or Invalidated by the Office, due to likelihood of confusion with “.eco” mark(s) owned by .ECO®.

# On January 4, 2010 Doteco LLC filed USPTO TTABVUE. Proceeding Number 92051924 against .ECO® founder Moses Boone. On January 9, 2012, the litigation was [https://ttabvue.uspto.gov/ttabvue/v?pno=92051924&pty=CAN&eno=21 Dismissed with Prejudice].

# On February 17, 2012 Big Room Inc. Filed  USPTO TTABVUE. Proceeding Number 92055197 against .ECO®. On July 2, 2013 Big Room Inc. Withdrew and on July 16, 2013, the litigation was Dismissed.

# On April 12, 2012 Doteco LLC Filed USPTO TTABVUE. Proceeding Number 92055469 against .ECO®. On May 29, 2012 .ECO® Filed a Motion for Summary Judgement, based on Res Judicata. On November 1, 2012 TLDH Withdrew and on November 2, 2012 the litigation was Dismissed.

# On November 20, 2014 Big Room Inc. filed USPTO TTABVUE. Cancellation Proceeding Number 92060403 against .ECO®. On January 15, 2014 .ECO® filed a Motion to Dismiss. On May 28, 2015, the board agreed with the motion and granted the Dismissal.

# On May 29, 2015 USPTO TTABVUE. Proceeding Number 92060403 was cured by Big Room Inc. and after Big Room Inc. Withdrew on July 15, 2015, on July 17, 2015 the Cancellation Proceeding was Dismissed.

# On 8/28/2016, Big Room was designated the registry operator of the .ECO gTLD and on September 9, 2016 Big Room Inc. filed, and was granted, a 90 Day Extension of  time to investigate and Oppose “.eco” application serial # 86846214.

# On December 14, 2016 Big Room Inc. filed USPTO TTABVUE. Proceeding Number 91231750 against .ECO®, following up with its 90 Day Extension of time.

# On February 7, 2017 Big Room Inc. submitted a forth “.eco” trademark application # [https://tsdr.uspto.gov/#caseNumber=87327563&caseType=SERIAL_NO&searchType=statusSearch 87327563], believing it could now “legitimately” obtain trademark rights to provide “.eco” Domain Registry Services, which was subsequently Rejected – see Activities and Events # 14.

# On May 2, 2019 Big Room Inc. Withdrew USPTO TTABVUE. Proceeding Number 91231750 and on May 7, 2019, the trademark litigation proceeding was [https://ttabvue.uspto.gov/ttabvue/v?pno=91231750&pty=OPP&eno=57 Dismissed w/ Prejudice].

# On September  4, 2019 Big Room Inc.’s trademark application # 87327563, to legitimize “.eco” Domain Registry Services provided since 2017, was also Refused, Dismissed, or Invalidated by the Office, due to likelihood of confusion with “.eco” mark(s) owned  by .ECO®. The USPTO also noted, registrant planet .ECO, “actually does use .ECO in the same stylization as the applicant’s mark….Thus, when viewed in their entireties, the marks are similar in commercial impression.”

# Subsequently, in March 2020, Big Room Inc.’s fourth trademark application to perform .eco Domain Registry Operator Services was also deemed abandoned and dead by the Trademark Office.

==.ECO Registered Trademark Brands==

The conflation of trademark rights with "ownership" of the .eco TLD is a common theme in the company's web content, marketing, and [[User talk:Jean william|efforts to alter information on this wiki]].

.ECO® registration 3716170, 5851826, 5813887 and 6220615 are federally registered trademarks of planet .ECO LLC. - Source: United States Patent and Trademark Office

==.ECO Registered Trademarks==

Planet .ECO owns four registered trademarks: USPTO registration numbers 3716170, 5851826, 5813887 and 6220615. Three of these registrations are for ".eco" as a standard character or "word" mark, and one is a registration for a design mark

* Registration No. 3716170 is .ECO in standard-character form for “Design, creation, hosting and maintenance of internet sites for third parties; Hosting of digital content on the Internet; Providing specific information as requested by customers via the Internet, in Class 42.

* Registration No. 5813887 is .ECO and design for “Computerized database management,” in Class 35.

* Registration No. 5851826 is .ECO in standard-character form for “Advertisement for others on the Internet; advertising and marketing services, namely, promoting the goods and services of others; compilation of advertisements for use as web pages on the Internet; providing and rental of advertising space on the Internet,” in Class 35.

! Registration No.

* Registration No. 6220615 is .ECO for “Advertising agency services and Database management.” In Class 35.

| 3716170

| Design, creation, hosting and maintenance of internet sites for third parties; Hosting of digital content on the Internet; Providing specific information as requested by customers via the Internet

| 35

| Advertisement for others on the Internet; advertising and marketing services, namely, promoting the goods and services of others; compilation of advertisements for use as web pages on the Internet; providing and rental of advertising space on the Internet

| 35

| [[File:Planet .eco design mark.jpg|50px]]

 

The design mark does not appear to be in use on planet .ECO's website nor in its marketing materials. The image portrayed in the company information appears to be the current logo for the company.<ref>[https://www.planetdoteco.com/ planet .eco Website] planet .ECO also utilizes the stacked-letter .eco design throughout its website. This is strikingly similar to Big Room's logo:

 

File:File:Planet eco llc.png|planet .ECO's logo on https://planetdoteco.com/

 

Neither company has a registered trademark for this design.

==Environmental Issues Awareness==

==Environmental Issues Awareness==

planet .ECO® LLC is gathering 1,000,000 signatures on its [http://www.planetdoteco.com/eco-wall-of-care/ Wall of Care] showcasing people around the globe who CARE about planet earth. It has created a communication platform where people, companies, and organizations can show they CARE, encourage others to CARE, learn how to CARE, and how they can take action to help the environment and combat climate crisis."<ref>[http://www.prweb.com/releases/2013/10/prweb11177044.htm Press Release] Retrieved Oct 3, 2013</ref>

In 2013, planet .ECO® LLC launched a campaign to gather 1,000,000 signatures on its "Wall of Care" showcasing people around the globe who CARE about planet earth. It created a communication platform where people, companies, and organizations can show they CARE, encourage others to CARE, learn how to CARE, and how they can take action to help the environment and combat climate crisis.<ref>[http://www.prweb.com/releases/2013/10/prweb11177044.htm Press Release] Retrieved Oct 3, 2013</ref>

==References==

==References==