A few blockchain domain name operators, including Unstoppable Domains, have created the Web3 Domain Alliance or W3DA (web3domainalliance.com). To date, W3DA consists of the following companies:
The members of W3DA set themselves several goals:
- promote the development of a blockchain domain name ecosystem with and through traditional web applications;
- to ensure consumer protection by ensuring the interoperability of blockchain domain registries;
- working towards the market and public recognition and acceptance of blockchain domain names;
- advance the alliance’s policy.
It should also be noted that the members of W3DA mutually adhere to the principle of “first come, first served”. W3DA thus intends to avoid duplication and discord. The question of the implementation of the “first come” principle arises (iptwins.com, 2022-10-25) in the dispute between Unstoppable Domains and Handshake over the top-level domain .WALLET (iptwins.com, 2022-09) -27). The W3DA appears to justify this position on the basis of intellectual property rights. However, in terms of trademark law, an operator can only claim intellectual property rights on top-level domains (TLDs) that do not reproduce generic terms. In this regard, no company can claim a trademark or an exclusive intellectual property right on the .WALLET TLD (iptwins.com, 2022-09-27). In addition, the W3DA defends the idea of granting a trademark right through commercial use, which is valid in the United States but not in other jurisdictions such as Europe and China. On the other hand, it is reasonable for operators to mutually respect the “first come, first serve” principle on ethical grounds towards third parties, Internet users, authorities and holders of intellectual property rights.
In accordance with this policy, Unstoppable Domains recently relinquished the rights to the .COIN TLD (iptwins.com, 2022-10-25). In this context, in the absence of any settlement agreement between Unstoppable Domains and Handshake, it is difficult to imagine the latter joining W3DA in the near future.
W3DA forms a group we have been calling for (iptwins.com, 2022-08-30). One could say that by stimulating W3DA, Unstoppable Domains wanted to unite around select competitors who share a common legal point of view to assert their consistency and good faith before the judge in the context of the dispute over the .WALLET TLD. But we can also consider that the latter provides the opportunity to build the basis for an appropriate legal framework, with respect for applicable laws, Internet users and intellectual property rights. W3DA seems to want to work in this direction. In one way or another, the establishment of common principles and values will have to be imposed on all operators. It must be recognized that these operators had rushed into a legally immature market. As usual, the legal aspects are caught up with the technical development.
