Name.space files Opening Brief in appeal of fresh TLD lawsuit

Firm claims fresh TLD program is a conspiracy to enrich a select few and that ICANN is violating antitrust laws.

Name.space has filed its opening brief in an appeal of a lawsuit it brought against ICANN last year.

Name.space operates an “alternative root” whereby certain internet users can access domain names such as .online and .blog. It applied to have 118 of its alt-root domain names become part of the official root during ICANN’s 2000 “proof of concept round”. Its application was never accepted.

When the “fresh” fresh TLD program rolled out, it sued ICANN arguing that ICANN violated anti-trust rules and conspired with insiders to enrich them when it set up the rules for the program. It also claimed trademark infringement since many of the fresh TLDs matched domains it offers in its alternative root.

The firm asked for an injunction against the fresh TLD program and for damages.

In March of this year, a judge granted ICANN’s motion to dismiss the suit. The next month, name.space filed an appeal to United States Court of Appeals for the Ninth Circuit

You can read a copy of name.space’s opening brief, and why it believes the lower court erred, here (pdf).