ICANN Urges District Court Not to Grant Donuts-Requested .web Auction Delay
ICANN formally opposed domain registry Donuts’ application to the U.S. District Court in Los Angeles for a temporary restraining order to delay the planned Wednesday public auction of the .web generic top-level domain (gTLD) amid Donuts’ lawsuit against ICANN. The…
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.web auction is to begin at 6 a.m. Pacific. Donuts filed the lawsuit Friday, claiming ICANN was negligent for not exercising due diligence in investigating what Donuts claims are discrepancies in rival .web applicant Nu Dot Co’s disclosures about its ownership. Donuts claimed ICANN’s failure to investigate is also a breach of contract and an instance of allowing unfair competition (see 1607250051). ICANN said in a filing (in Pacer) Monday the district court shouldn’t grant the restraining order because the need for emergency relief is of Donuts’ “own making.” Donuts admitted that it was aware June 7 about the statements made by Jose Ignacio Rasco, managing director of Nu Dot Co parent company Straat Investments that appeared to show that Nu Dot Co’s board included several new unidentified directors beyond those listed in Nu Dot Co’s 2012 application for .web, ICANN said. Donuts’ claims the temporary restraining order is needed because of the imminent .web auction “was caused by its own delay” in taking the issue to court. ICANN officials met with Donuts Executive Vice President Jon Nevett June 29 regarding the registry’s concerns about Nu Dot Co’s ownership information and indicated their investigation of the issue found “no evidence” of a change of ownership or management. Donuts had ample time to bring its concerns to the district court but instead “waited until July 22 to file this matter, after many facets of the Auction process had already begun,” ICANN said. Donuts didn’t comment.