Answering Brief excerpt (page 23 of 75):
ICANN's Answering Brief's Conclusion:
ICANN's Answering Brief [pdf, 393 KB] 30 October 2017, full embed below:
See also:
Opinion and Analysis by the Editor of Domain Mondo:
Donuts (Ruby Glen) has an extremely weak case, which it should have never filed. By appealing, Donuts is setting itself up--and all other registry operators and new gTLD applicants, now, and in the future (under the common law principle of stare decisis)--for a Ninth Circuit decision that will (but for a few narrow exceptions) "close the courthouse door" to all future wannabe gTLD litigants.
Verisign $VRSN is in no hurry to launch .WEB, as there is a pending CID from the Antitrust Division of the U.S. Department of Justice, and ICANN also has a pending CEP (pdf) with Donuts and Ruby Glen. In the meantime, most other new gTLDs are "dying on the vine" in the global market for domain names as "essentially, an unwanted and defective product." The further away from the stench of the failing new gTLDs that Verisign is able to position .WEB, the more successful .WEB will be once launched. Once launched (and properly marketed), few doubt that Verisign will quickly recoup all of its upfront investment in .WEB ($135Million+) and will thereafter enjoy years of a recurring cash flow stream well in excess of a hundred million dollars annually. As others have also noted, .WEB is, potentially, the only "must have" new gTLD for developers, investors, speculators, and trademark registrants, alike.
For further background, see on DomainMondo.com: News Review: ICANN Webinars ... 2) Other ICANN news a. New gTLD .WEB Litigation Sep 10, 2017, excerpt:
feedback & comments via twitter @DomainMondo
See also:
- Plaintiff's Opening Appellate Brief [pdf, 370 KB] 30 August 2017
- Plaintiff's Notice of Appeal Regarding Dismissal [pdf, 35 KB] December 20, 2016
Opinion and Analysis by the Editor of Domain Mondo:
Donuts (Ruby Glen) has an extremely weak case, which it should have never filed. By appealing, Donuts is setting itself up--and all other registry operators and new gTLD applicants, now, and in the future (under the common law principle of stare decisis)--for a Ninth Circuit decision that will (but for a few narrow exceptions) "close the courthouse door" to all future wannabe gTLD litigants.
Verisign $VRSN is in no hurry to launch .WEB, as there is a pending CID from the Antitrust Division of the U.S. Department of Justice, and ICANN also has a pending CEP (pdf) with Donuts and Ruby Glen. In the meantime, most other new gTLDs are "dying on the vine" in the global market for domain names as "essentially, an unwanted and defective product." The further away from the stench of the failing new gTLDs that Verisign is able to position .WEB, the more successful .WEB will be once launched. Once launched (and properly marketed), few doubt that Verisign will quickly recoup all of its upfront investment in .WEB ($135Million+) and will thereafter enjoy years of a recurring cash flow stream well in excess of a hundred million dollars annually. As others have also noted, .WEB is, potentially, the only "must have" new gTLD for developers, investors, speculators, and trademark registrants, alike.
For further background, see on DomainMondo.com: News Review: ICANN Webinars ... 2) Other ICANN news a. New gTLD .WEB Litigation Sep 10, 2017, excerpt:
feedback & comments via twitter @DomainMondo
