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An Open Letter to Brand Owners

March 31, 2010

Dear Brand Owner,

As you may know, after nearly a decade of consideration and debate, and in consultation with the local Internet community, the Republic of Colombia recently decided to liberalize the policies governing the administration of the .CO ccTLD.  In addition to eliminating the previously burdensome eligibility and documentation requirements, the new policy opens up the .CO ccTLD globally to registrations at the second level (i.e., domain.CO).

As the result of a rigorous and structured RFP process, I am both honored and humbled that our company, .CO Internet S.A.S., was awarded the contract to serve as the designated Administrator for the .CO ccTLD for the next ten years.   On February 7th, 2010, the transition from the previous ccTLD Administrator was completed – safely, securely, and with intentionally little fanfare.  

As the new registry of the .CO ccTLD, we both recognize and embrace our global responsibility to serve as a reliable trustee for the .CO domain – a unique digital resource with broad global appeal.  As a steward of both the local and the global Internet community, we are committed to managing the .CO Registry in a responsible manner – one that places a premium on protecting the rights of brand owners.

Guided by internationally recognized best practices in trademark and IP policy, and in particular, by the recommendations of ICANN’s Implementation Recommendation Team (“IRT”), we are putting unprecedented Rights Protection Mechanisms (“RPMs”) in place to ensure that the rights of brand owners are respected and protected in the .CO domain. This includes taking decisive measures to mitigate against cyber-squatting and other domain name abuses. 

In recognition of their global expertise in developing and managing RPMs, we have retained the firms of Deloitte and Laga to help us to define and implement mechanisms that would both safeguard the integrity of the  .CO ccTLD – and the rights of trademark owners the world over.  Building on their experience in designing and implementing RPMs for other TLDs, like .ASIA, .NL and .TEL, Deloitte and Laga will be our partners in ensuring that the rights of brand owners are safe and secure.

By taking these measures, we envisage .CO to be the first truly global, recognizable and credible domain enabling secure Internet commerce and innovation for consumers, companies and communities worldwide. 

 Here are the highlights of some of the key RPMs that we will implement in the .CO name space:

                    Structured Sunrise.  As part of a carefully structured Sunrise Process, owners of registered trademarks will be given the chance to register matching domains before the general public.  The .CO Sunrise commences on April 1, 2010.  Between the 1st and the 20th, priority will be given to trademarks that have obtained registered status by the Colombian trademark office prior to the July 30, 2008 cut-off date. Immediately thereafter, between April 26th and June 10th, priority will be given to trademarks of national effect having obtained registered status in any country in the world prior to the cut-off date.   

                   IP Clearinghouse. An IP Clearinghouse for registered trademarks will be established and managed by Deloitte and Laga to assist brand owners in securing their brands in .CO during the Sunrise process in an efficient and effective manner.  By opting to use the IP Clearinghouse, brand owners (through their ICANN accredited registrars) will have the opportunity to obtain up-front assurance that their trademark records meet the requirements of the .CO Sunrise Policy.

                        Trademark Validations. A process for checking the eligibility of the legal rights claimed as the basis of each Sunrise application has been set up using official national and trademark databases and submitted documentary evidence through Deloitte and Laga. 

                     Accredited Registrars.  The number of .CO accredited registrars authorized to sell .CO domains directly or through their reseller networks around the world is limited by policy to only ten – all of which are committed to the responsible development of the .CO domain.

                   Eligibility Cut Off Dates. To prevent registrants from abusing the system by seeking out expedited trademarks for generic terms, a trademark eligibility cut off date of July 30th, 2008 has been established. Additional safeguards will be put in place to ensure that domain names are attributed to trademark holders who make genuine use of their trademarks.  

                   Uniform Dispute Resolution Policy. All domain name registrations in .CO will be subject to the UDRP, as they have been historically.  A contract is in place with the World Intellectual Property Organization (WIPO) to oversee the domain name disputes that may arise in connection with .CO. 

                   Thick, Reliable WHOIS. .CO will continue to operate a “thick” WHOIS database where all domain name registration data provided by the registrars will be centrally stored and made available. 

                   Proxy Registrations Prohibited. Domain name registrants will not be able to shield their name and contact information from the public database by using proxy services to protect their anonymity.  Registrants will be required to keep WHOIS data updated and accurate at all times.

                   Rapid Takedown/Suspension Policies. A policy that is built on the principles recommended by the IRT in connection with the URS will be put in place to rapidly take down domains in cases where phishing, pharming, malware, or other significant criminal and/or security threats have been established. While balancing the interests of entrepreneurs and legitimate domain investors, we also plan to introduce suitable policies to help brand owners to tackle systemic brand abuses, such as serial cybers-squatters, in a swift and cost-efficient manner.

                 Adoption of Deloitte Brand List. Based on some of the principles debated by the IRT in connection with the “globally protected marks list” or “GPML,” .CO will offer special consideration to certain leading brands that have been independently identified by the global consulting firm Deloitte as having made significant efforts to protect and enforce their trademarks in the domain name space.  For a full summary of the criteria used by Deloitte, please refer to: http://www.deloitte.com/be/brand-list. The Deloitte Brand List is expected to be available for viewing on the company’s website within the next week.

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More details on the various RPMs we are putting in place can be found on our website at: www.COinternet.co/domain/launch/.  Additional information will be published on our website as it becomes available. 

We understand that the implementation of the RPMs described in this letter will be quite an ambitious undertaking. Nonetheless, we are committed to working with brand owners to ensure that .CO becomes the world’s premier domain enabling secure Internet commerce and entrepreneurial innovation. In so doing, we sincerely hope that we can count on your support and participation.

We look forward to keeping you updated on our progress in the weeks and months ahead.

Sincerely,

Juan Diego Calle
Chief Executive Officer
.CO Internet S.A.S.