Your June update — it’s been all go at DNCL

May was an exciting time for the Domain Name Commission. We invited parties involved in 722 conflicted domain name sets to participate in our online dispute resolution process, and the phones ran hot. We’re working to support the resolution of the last conflicted names that are caught up in a stalemate because parties can’t agree whether they should be released to the market or who can register them. We’re watching with interest how many names will be claimed or released during our pilot offering and will be feeding in what we learn to help determine the final resolution process for the remaining conflicted domain names.

While it’s been great to be engaged with so many of our domain name holders (and there are even more parties left to invite!), there is also a percentage of domain name holders missing out because their registered emails are invalid. This motivates us to do what we can to improve data quality, including ensuring the accurate recording of the domain name holder’s contact details.

This bulk outreach is only possible because of the ‘work smarter’ approach that our small team adopts towards automation and business processes, it is also due to the awesome team dynamic in place. Experiencing that synergy is super rewarding, but it’s also pleasing to see the achievement recognised, for the second time running, in the HRD Employer of Choice awards.

We’re looking forward to continuing successes as the Māori new year approaches.

Ngā mihi

Isobel Egerton

Interim Domain Name Commissioner

Expert Dispute Resolution decision

Etex NV v Pacific Build Supply Limited [2022] NZDNC 1441 (11 April 2022) - Result transferred

In Etex NV v Pacific Build Supply Limited [2022], the expert found the domain name <eterpan.co.nz> was unfairly registered by the respondent, who used to be the NZ distributor of the complainant. The complainant, a manufacturer of lightweight construction materials since 1905, relied on its New Zealand registered trade mark rights and unregistered rights under the tort of passing off, the Fair Trading Act, and considerable goodwill and reputation in the ETERPAN brand in NZ. An interesting feature of this case was that the respondent relied on their own asserted goodwill and reputation and that the complainant was not controlling the use of the mark. The expert, in determining that the name should be transferred, focused on the use of the disputed domain name by the respondent after the distribution agreement had ended when they were selling the products of competing brands.

Registry System — target go-live date has changed

On May 31, the InternetNZ registry replacement team completed the planned internal migration readiness evaluation. While most of the workstreams are on track, including the customisations of the IRS platform, supply chain issues and the impact of COVID-19 have caused delays to some critical components of deployment. Given the nature of these delays, the InternetNZ registry replacement team has decided to move the current August go-live date.

New key dates

30 June 2022 is the next go-live checkpoint. Then InternetNZ will announce the new go-live date on the week of 30 June 2022.

The new go-live date will not be before October 2022.

The additional time will ensure the quality and reliability of the new registry and hopefully, assist registrars with resource allocation toward a smooth migration.

InternetNZ Product Documentation website has the updated high-level registry replacement plan and the timetable.

Updates from the team

Three year strategy signed off

Online Dispute Resolution Pilot

Expert Dispute Resolution decision

Registry System — target go-live date has changed

Interesting news and media

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