GTLD-MOUGeneric Top Level Domains - Memorandum Of Understanding
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This policy essentially enacts "an international body of administrative `law' relating to the right to register trademarks as second-level domain names."(118) In order to use the policy, a challenger must prove that its trademark is "internationally known," not a regional mark.(119) The gTLD-MoU defines a trademark as "internationally known if it is registered in more than 35 countries in at least four `geographical regions,' without regard to its commercial significance, or lack thereof, in those countries."(120) The gTLD-MoU also provides further guidelines for the ACPs to follow that state that an internationally known mark is one "`known beyond a local area ...
Since its release, the gTLD-MoU has been signed by more than 150 entities that support the necessary reforms to the registration system.(126) There is no question that it is one of the broadest and most developed proposals for revamping the current domain name system.
government announced in the White Paper that it would not implement new gTLDs at this time, and would instead leave that decision to the new corporation.(142) Despite this declaration, it appears that new gTLDs suggested by the gTLD-MoU will go into effect in March 1999.(143)
Without the signatures of IANA and ISOC members to establish the gTLD-MoU, can it ever be a legal document?