Independent review process recommends ICANN reconsider .amazon top level domain name application.
One of the biggest controversies in ICANN’s new top level domain name program has been the denial of Amazon.com’s applications for the .Amazon top level domain as well as the Chinese and Japanese equivalents.
Amazon.com was one of the largest applicants for new domain names, but its .brand strategy was thrown into disarray when when governments opposed its .amazon application.
This was bad for the new TLD programs supporters, as any use of .Amazon by the internet giant would drastically increase awareness of alternative endings to the right of the dot in domain names. Amazon has created some sites on its other .brand domains, such as .AWS. But a major push on .Amazon would raise the bar.
On the surface, there was nothing in the new top level domain applicant guidebook that disallowed the company from getting .amazon. Notably, it wasn’t on a list of protected geographic names.
But the governments of Brazil and Peru, which are among the countries along the Amazon river, filed an early warning notice about the domain. They had concerns that Amazon.com getting the domain name would somehow hurt the people of the Amazon. It was perplexing.
Yet, they were able to convince the ICANN Governmental Advisory Committee (GAC) to issue consensus advice objecting to the issuance of the .amazon domain. (A community objection filed by the independent objector was denied.)
The GAC advice didn’t come with much of a rationale. Nevertheless, ICANN’s board gave deference to the advice and denied Amazon.com’s applications for the three domains.
Amazon filed for Independent Review and just got a big win (pdf). The panel determined that ICANN’s board gave too much deference to the GAC and that it should reconsider its decision.
The panel:
…recommends that the Board of ICANN promptly re-evaluate Amazon’s applications in light of the Panel’s declarations above. In its re-evaluation of the applications, the Board should make an objective and independent judgment regarding whether there are, in fact, well-founded, merits-based public policy reasons for denying Amazon’s applications….The GAC consensus advice, standing alone, cannot supplant the Board’s independent and objective decision with a reasoned analysis.
Following the decision, an Amazon.com spokesperson issued this statement to Domain Name Wire:
“We look forward to the ICANN Board re-evaluating our application for the .AMAZON top level domain so that we may develop new experiences and innovations on behalf of our customers.”
Thanks, Andrew. Good synopsis.
And as you’ve correctly pointed out, This decision has huge implications beyond just the .AMAZON TLD. It could also set the bar on how the Board interprets GAC Advice with regard to IGO protections, GeoNames, etc.
“Roses are red
Violets are blue
Follow this advice
Because I tell you to”
Standard rationale
Agree with the Brazilian and Peruvian governments, .amazon should not being allowed by ICANN.
This is a good example which explains why ICANN should be managed by a structure representing all world countries and not only by the US government, since many choices impact many other countries as well.
“Amazon” is first of all a generic term, a well-know geo term, well before becoming a brand and a TM, protected only for some classes.
And frankly speaking, protecting the Amazon, including its generic meaning, also “brand”-wise, is definitely most relevant, society-wise, than allowing to introduce another useless new gTLDs to satisfy some money-hungry individuals and their interested “supporters”.
Giving away or delegating the “control” of that relevant geo “denomination” to a private party is not a good idea.
Why defining those governments as “hardheaded”? They are wise indeed.
But that’s hard to swallow for people who always prioritize money and “monetizing everything” above all.
Has the use of Amazon.com by a company negatively impacted the Amazonian region?
Highly debateable.
However in my honest opinion i don’t think companies have the right to register the .amazon (Or whatever generic word) extension solely to themselves specially when Amazon is a river and was well known way before the amazon (Company).
Yes the term Amazon is now much more well known due to Jeff’s company, but you can argue that before the 1990’s if someone said the word Amazon, most people would see it as the Amazon (The river).
If anyone wants to know news or trip details about the Amazon river, which is located under these 2 countries, this can hurt their leisure industry. Again i would like to point out, it’s highly debatable.