Objections and Appeals are mechanisms within the ICANN new gTLD Program that allow third parties to challenge or seek review of a new Top-Level Domain (gTLD) application. They are designed to ensure that the introduction of new gTLDs is fair and does not infringe on existing rights or contravene public interests.
🛑 Objections
A formal Objection allows a qualified third party to argue that a new gTLD application should be rejected based on one of four specific grounds. These objections initiate a Dispute Resolution Proceeding that is handled by independent third-party Dispute Resolution Service Providers (DRSPs), not ICANN itself.
The four specific grounds for filing a formal Objection are:
An Appeal is the process for seeking review of a final Expert Determination made by a Dispute Resolution Service Provider (DRSP) panel in an objection proceeding.
Who can appeal? The party that was non-successful (the applicant or the objector) in the initial Objection proceeding.
Process: The non-prevailing party can file an appeal with the relevant DRSP, usually within a short timeframe (e.g., 15 days) from the date the initial Expert Determination was issued.
Standard of Review: The appeal is generally considered under a "clearly erroneous" standard of review. This means the appellate panel will not re-hear the case from scratch, but will primarily determine if the initial expert panel made a decision that was clearly wrong based on the evidence and rules.
Outcome: The appeal results in an Appellate Expert Determination, which is the final word on the objection within the ICANN process.
🛑 Objections
A formal Objection allows a qualified third party to argue that a new gTLD application should be rejected based on one of four specific grounds. These objections initiate a Dispute Resolution Proceeding that is handled by independent third-party Dispute Resolution Service Providers (DRSPs), not ICANN itself.
The four specific grounds for filing a formal Objection are:
- String Confusion Objection: The applied-for gTLD string is confusingly similar (visually, aurally, or in meaning) to an existing Top-Level Domain (TLD) or another gTLD application in the same round. Standing: Generally, only existing TLD operators or other gTLD applicants in the same round can file.
- Legal Rights Objection: The applied-for gTLD string infringes the existing legal rights (like a trademark) of the objector. Standing: Must be filed by a rights holder whose rights are being infringed.
- Limited Public Interest Objection: The applied-for gTLD string is contrary to generally accepted legal norms of morality and public order recognized under principles of international law. Standing: Anyone may file, though frivolous or abusive objections are filtered out.
- Community Objection: There is substantial opposition to the gTLD application from a significant portion of the community that the string is explicitly or implicitly targeting. Standing: Must be an established institution associated with a clearly defined community.
An Appeal is the process for seeking review of a final Expert Determination made by a Dispute Resolution Service Provider (DRSP) panel in an objection proceeding.
Who can appeal? The party that was non-successful (the applicant or the objector) in the initial Objection proceeding.
Process: The non-prevailing party can file an appeal with the relevant DRSP, usually within a short timeframe (e.g., 15 days) from the date the initial Expert Determination was issued.
Standard of Review: The appeal is generally considered under a "clearly erroneous" standard of review. This means the appellate panel will not re-hear the case from scratch, but will primarily determine if the initial expert panel made a decision that was clearly wrong based on the evidence and rules.
Outcome: The appeal results in an Appellate Expert Determination, which is the final word on the objection within the ICANN process.
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