The misfortune of new gTLDs through brand owners attacked ICANN by charging it of dispersing “slander affirmations” and of making “false affirmations” against it.
They put the blame on the highest prices for domain names with ICANN, stating what they did was defined in the request and contract for .sucks.
The action pursues a reclamation from ICANN’s Intellectual Property Constituency that conducts to ICANN for both the U.S. FTC and Canada’s OCA to take into account evaluating and establishing if Vox Populi is infringing any of the laws or rules those agencies apply, or not.
Although a tempting attempt of restoration, the .sucks registry operator Vox Populi Registry has left the .sucks “Sunrise Premium” brand in consideration of a new “Market Premium” service, showing Domain Incite it is nothing more than a renaming created to minimize uncertainty among trademark possessors.
In a letter from the .sucks registry operator’s law company, ICANN is charged with reproducing and embracing “the ICANN IPC’s unfounded statements that Vox Populi has attracted in ‘illicit’ activities, and that Vox Populi’ s uses are greedy, exploiting and compulsory.” Moreover, the letter contained a demand for the FTC to examine if Vox Populi has pushed them in any unlawful activities.
“Any of the respective letter has found out any method in which any law might actually have been violated; in reverse they simply insinuated that there is the possibility that Vox Populi’ s pricing to conduct to ‘cybersquatting’ and that could affect trademark possessors.”
The lawyers request that:
“ICANN has distributed injurious declarations with respect to Vox Populi and its business uses followed at expropriating Vox Populi of the benefits mentioned in its contract with ICANN after sending these public letters and making the incorrect statements contained in this regard. These moves infringe the responsibility of honest intentions and fair business as it is specified in each contract, as well as ICANN’s own policies. As a sum up when insinuating illegality without any foundation, your moves, including those of the ICANN IPC and ICANN BC, have caused slander claims against ICANN. Thus, Vox Populi requires that ICANN, including its communities, suspend these type of activities promptly.”
From the letter marks, the registry wanted to make ICANN as the responsible for the money made out of brands via some of the highest Sunrise fees.
“According to ICANN’s agreements, Vox Populi can establish the price for these recordings at the level of the market. In spite of ICANN’s instigative characterizations of Vox Populi’ s pricing, these prices and how they were established, does not infringe Vox Populi’s contract with ICANN or any rules.”
The letter deducts that:
Vox Populi does not follow any claim at this moment. We are confident that the FTC and the OCA will admit as soon as possible that there are no actual statements that justify any examination and that ICANN has detected no laws or regulations under the FTC’s or the OCA’s competence that have been infringed in every way. We are confident that your letter has just issued in some regrettable and temporary public attention. Nevertheless, if ICANN or one of its constituent organizations captivates in any other illicit activity that limits the company from accomplishing its contractual obligations and managing the .SUCKS registry as it was visualized by both ICANN and Vox Populi, the organization will have no other choice but to follow any and all appeals disposable to it.”