The Internet Corporation for Assigned Names and Numbers (ICANN) has won for the second time the case instituted against the organization by DotConnectAfrica’s (DCA’s) at a California Superior Court over putting a stop to delegation of .Africa, reports ITRealms.
This follows the February 3, 2017 judgement by the Justice Howard L. Halm of the Superior Court, made available to ITRealms, in which it did not uphold DCA’s second Motion for Preliminary Injunction to stop the delegation of the .AFRICA generic top-level domain (gTLD) to ZA Central Registry (ZACR).
ITRealms also gathered that DCA’s first Motion for Preliminary Injunction was denied by the Superior Court in December 2016.
Equally, ICANN in a press statement endorsed by its Global Communications Coordinator, Buket Coşkuner, told ITRealms that among other things, Judge Halm had found out that it appeared the "Covenant Not to Sue" found in the New gTLD Applicant Guidebook is enforceable, citing to the recent Federal District Court Order in the Ruby Glen, LLC v ICANN matter, wherein the Court held that the “covenant not to sue” in the Guidebook is enforceable.
The Superior Court Judge also ruled that “DCA's claims against ICANN for fraud and unfair business practices are likely to be barred. As a result, DCA cannot establish that it is likely to succeed on the merits.”
ITRealms further gathered that in accordance with the terms of its Registry Agreement with ZACR for .AFRICA, ICANN said, it would now follow its normal processes towards delegation.