The Quickly Changing Domain Name Environment: Upcoming gtlds, Domain Name Disputes, and Trademark Protection in the New Regime

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1 The Quickly Changing Domain Name Environment: Upcoming gtlds, Domain Name Disputes, and Trademark Protection in the New Regime September 10, 2012

2 What is ICANN? ICANN is the Internet Corporation for Assigned Names and Numbers ICANN s mandate originated with the U.S. government, in it was effectively bound to the DoC for a decade. Now an independent entity. 2

3 What s a gtld? A gtld is a generic top-level domain name. There are currently 22 gtlds, including.com,.net,.org,.biz, and the newly introduced.xxx There are also cctlds (country code TLDs) such as.uk,.co (Colombia) and.tv (Tuvalu). TLD registries are operated by registry operators, also known as network information centers (NICs) 3

4 What s a second-level domain name? The domain name directly to the left of the dot. For instance, ipo.org. Typically sold via a domain name registrar such as Network Solutions or GoDaddy. Second-level domains are reasonably inexpensive, with the exception of premium domains or other highly desirable domains. 4

5 What s happening with gtlds? In the past, introduction of new gtlds was a controlled response to the request of certain groups. The New gtld Program has opened up new gtld registries to almost any entity that wants and can afford one. Over 1,900 New gtld applications: Generic:.app,.fun,.mobile,.love Branded:.amazon,.google,.amex Geographical:.berlin,.boston,.istanbul Community:.islam,.bank,.pharmacy 5

6 Possible benefits of new gtlds Expansion, choice, evolution. New business opportunities, ways to connect with customers, fraud protection. Provincial and city governments can run gtlds, possibly leading to increased tourism, efficiency in providing Internet services to residents, etc. Job creation. Public good. 6

7 Possible harm of new gtlds Internet expansion is theoretical, but in practice could create a glut. Danger to Internet infrastructure. Increased costs to brand owners due to cybersquatting, fraud, and TM infringement: Objecting to gtld applications. Applying to operate gtld registries themselves. Defensive second-level registrations. Policing costs. 7

8 Where are we now? ICANN New gtld Program (Tentative) Timeline: Key Dates gtld Application Window Objection Period. Anyone with grounds to do so may submit a formal 6/13 objection to any of the new TLD applications. ~1/13/2013 Reveal Day ICANN publicly posts gtld applications. You are here! 1/12 4/12 6/13 9/10 Initial Evaluation of Applications to be Completed. ICANN reveals whether applications have passed or failed Initial Evaluation. Actual date depends on the batching process ICANN adopts. Applicants/gTLDs that have failed the initial evaluation can request Extended Evaluation. Early ~8/1 ICANN Initial Evaluation Begins. Evaluation panels conduct string reviews and applicant reviews. 6/13 9/ Delegation of new gtlds Application Comment Process. Any interested parties may submit comments to be considered by the independent evaluation panels evaluating the new gtld applications. 8

9 Top-level safeguards New gtlds are expensive. Brand owners with marks that are descriptive in nature, or that have rivals in other jurisdictions, have more to be worried about. Public comment process. Government Advisory Committee (GAC) input. Formal objections. 9

10 Top-level safeguards Formal objections can be brought as follows: 1.String confusion: Existing TLD operators or other gtld applicants can object. 2.Legal rights objection: Rightsholders can object in a proceeding similar to a UDRP proceeding. 3.Morality and public order objection: Anyone can object. 4.Community objection: Established institutions with clearly delineated communities can object. 10

11 Second-level safeguards New gtld registry operators must implement certain trademark rights protection mechanisms (RPMs): Sunrise Period. Trademark owners have an early opportunity to secure second-level registrations within the new gtlds. Trademark Claims service. Provides notice to potential domain name registrants of existing trademark rights, as well as notice to owners of relevant names registered. Both RPMs will be facilitated by the Trademark Clearinghouse, a repository of verified trademark rights. 11

12 Second-level safeguards, cont d Uniform Domain-Name Dispute Resolution Policy (UDRP). Domain name dispute resolution policy that applied to most current gtlds. Uniform Rapid Suspension (URS). Intended to compliment the UDRP, the URS is designed for cases of clear infringement or abuse that is intended to be more straightforward and less costly. Low cost target, but no provider located to date. 12

13 Second-level safeguards, cont d Thick Whois. Comprehensive registry-level ownership information, as opposed to registrar-level ownership information that varies with each registrar Post-Delegation Dispute Resolution Procedure (PDDRP). Complaint against registry operators who have acted in bad faith, with the intent to profit from the systemic registration of infringing domain names or cybersquatting, or who have otherwise set out to use the gtld improperly. 13

14 ICANN New gtld Program (Tentative) Timeline: Key Dates Objection Period. Anyone with grounds to do so may submit a formal objection to any of the new TLD applications. 6/13 ~1/13/2013 gtld Application Window Reveal Day ICANN publicly posts gtld applications. You are here! 1/12 4/12 6/13 9/10 Initial Evaluation of Applications to be Completed. ICANN reveals whether applications have passed or failed Initial Evaluation. Actual date depends on the batching process ICANN adopts. Applicants/gTLDs that have failed the initial evaluation can request Extended Evaluation. Early ~8/1 ICANN Initial Evaluation Begins. Evaluation panels conduct string reviews and applicant reviews. 6/13 9/ Delegation of new gtlds Application Comment Process. Any interested parties may submit comments to be considered by the independent evaluation panels evaluating the new gtld applications. 14