Complaints against the application for registration new gTLDs and proceedings have lately become a very hot issue. They are resolved by Arbitration Forum and World Intellectual Property Organization and quite often it is hard to understand the logic behind the decisions. Sometimes decisions taken in similar situations are diametrically opposite, depending on who is in the jury.
Dissatisfaction is expressed by both: applicants for new domains and the parties who complaint. However ICANN management does not want to deal with this problem. By far all applications to appeal the decision taken have been declined. In this situation the only way for a party that considers itself aggrieved is going to court.
Oficial ICANN Ombudsman Chis LaHatte expressed his concern about the problem, because it is one of his responsibilities to uphold justice in respect to all members of domain industry before ICANN. In his blog he said that he received a huge number of complaints from the companies dissatisfied with the result of complaint consideration and unable to influence what is happening in any way. LaHatte believes that the main cause of the problem is lack of legal mechanism of appeal on decisions that have already been made about the complaints. He called on all stakeholders to address him with additional information and suggestions about the subject that he intends to discuss with ICANN management and authorities adjudicating on complaints.
