Objections To ".kosher" Top Level Domain Name Rejected

Earlier this week, the International Chamber of Commerce issued an "Expert Determination" rejecting objections to the application by Kosher Marketing Assets for rights to the new Internet general top level domain name ".kosher". In Union of Orthodox Jewish Congregations of America v. Kosher Marketing Assets, L.L.C., (Intl. Chamber of Commerce, Jan. 14, 2014), the expert acting under ICANN rules issued an opinion rejecting objections by the Union of Orthodox Jewish Congregations, and backed by 11 other kosher certification organizations.  Objectors' primary concern was that the domain would promote only one certifying agency, OK Kosher, and products certified by it, and would thereby "usurp the communal word ‘kosher’, such that it will become exclusively associated with KMA and OK Kosher in the minds of food manufacturers and consumers."  The Expert disagreed, saying in part:

having regard to the assurances given by the Applicant and to the current safeguards, ...  there is today no serious ground for the accusation that the Application is designed to confer “monopoly status” on the Applicant over “.kosher” domain names and to permit the Applicant to engage in “exclusionary practices”, or in any event that it could lead to such a result. Nor does it seem likely that upholding the Application would lead to a “usurpation” of kosher by the Applicant or, more simply, that the Objector will not be permitted to register a domain under “.kosher”.

BNA Electronic Commerce & Law Report [subscription required] reports on the decision.