Domains: Are we heading off to new shores?
After two years of intensive discussions, new generic Top Level Domain Names (gTLDs) will most likely be introduced in 2011.
The implementation is certainly expected to satisfy trademark owner’s marketing needs. Undoubtedly, it will also create new challenges.
Shall trademark holders apply for their own gTLD? Which opportunities and threats will that imply? How will the application process work and how much will it cost? Will trademark holders still feel protected by the IP law?
And what about Internationalized Domain Names (IDNs) in different languages: Will they contribute to the development of the Internet community?
These and other questions will be addressed in our Domain Special outlining
Part I
Show Articles of Part II
Strategies for Brand Owners
Andrew Clay, Hammonds LLP, UK
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Within the next couple of years there will be a substantial increase in the number of new generic top level domain names (gTLDs) available.
In the beginning buyers and sellers would often have known each other and the quality of produce would have been apparent. With industrialisation and the increasing internationalisation of trade, the connection between producer and the ultimate consumer was broken. read moreCOICA: Yank Domains, Chill Speech
Clemens Kochinke, Berliner, Corcoran & Rowe LLP, USA
Advocated as a measure to increase consumer protection and safeguard American intellectual property, a bill entitled Combating Online Infringement and Counterfeit Act has been introduced in Congress on September 10, 2010. Now known as S. 3804, the bill would become new 18 U.S.C. §2324.
Principally, COICA would authorize the federal justice department in Washington, DC to sue, on an in-rem jurisdictional basis, certain domains in Washington, DC courts or in the American forum where the domain registrar or registry for the domain is located in the United States. read moreDigital Challenges to Brand Owners
Kirsten Gilbert, Marks & Clerk LLP, UK
According to recent UK industry research on brands in the digital age carried out by intellectual property firm Marks & Clerk, over 94 per cent of brand owners believe that the internet is becoming one of the primary drivers of business growth for smaller businesses. At the same time, the survey results showed that over 80 per cent of respondents (see Figure1) think that the internet fosters a culture whereby companies are more prone to exploit others’ intellectual property. read moreCountry Code Domains Using Foreign Company Names
Dr. Lambert Pechan, Weber & Sauberschwarz, Germany
For worldwide operating companies and international organisations, the top level domains “.com,” “.info,” “.biz,” and “.org” are the most important and preferred domains. Nevertheless, Country Code Top Level Domains remain highly relevant for commercial success in different nations. Especially those companies that rely on and maintain close customer relations use Country Code Top Level Domains for national services rendered in specific countries.
Country Code Domains Using Foreign Company Names read moreShould Brand Owners Apply for Their Own gTLD .BRAND?
Dr. Torsten Bettinger, Bettinger, Schneider, Schramm, Germany
Jannik Skou, Thomsen Trampedach GmbH, Switzerland
Next year virtually anybody who can raise about 500,000 $ can apply for a new generic top level domain name, such as .sport, .car, or .hotel.
Brand owners can apply for and operate their own TLD such as .ibm, .nokia, and .canon or even for a generic term such as .pharma, or .insurance.
The expansion of the gTLD name space planned for 2011 will potentially change the structure of the domain name space, as we know it today. Hundreds of new generic top level domains will be launched and brand owners have to prepare for this change, whether they like it or not.
This new gTLD program has led to an intense debate amongst the various stakeholders at ICANN. Concerns are raised that the domain name system would collapse, if hundreds or even thousands of new gTLDs are added, and trademark owners generally find no need for additional gTLDs and are anticipating an immense increase in cybersquatting cases at the second level, if numerous new gTLDs are launched. read morePros and cons of the IDNs in the .bg zone
Marina Mollova, Borislav Boyanov & Co., Bulgaria
Recently in Bulgaria, Register.BG, the authority to which the management of the .bg ccTLD is delegated, expanded the registration services for domain names in the .bg zone and the sub-zones by providing the opportunity to register Internationalized Domain Names (IDNs) in Cyrillic in the .bg zone. The registration of the IDNs requires the Internet name to be written only in Cyrillic and to contain at least one letter which can be visually distinguished from the Latin alphabet. read moreThe Addidas Domain Case
Won Hee Cho, BAE, KIM & LEE IP Group, Korea
Plaintiff, Mr. Yoon, holding a domain name “addidas.com” in which “d” is added to “adidas,” filed a trial of confirmation of the non-existence (2010 GaHap 45031), that is a claim to vacate a decision to transfer the registration of the domain name, against Adidas AG, a world-famous sports goods manufacturer and distributor, claiming that Adidas company has no right to ban plaintiff from using his domain name “addidas.com.” read moreDomain Name System Revolution: gTLDs
Karen Hayne, Addisons, Australia
Held to be the biggest change to domain names since the emergence of the Internet in the late 80s, the introduction of new generic Top Level Domain Names (gTLDs) will enable companies and organisations to apply for and operate their own personalised domain space.
Form early 2011, companies and organisations with the necessary expertise and financial capability will be able to embark on the application process to secure and operate their own personalised gTLDs containing their brand or product name, for example .addisons or .law. read moreQueuing up for the .РФ domain
Vladimir Biriulin, Gorodissky & Partners, Russia
It has been quite a while since the idea of .РФ domain took shape. Taught by the widespread cybersquatting in .RU domain the authorities took very cautious approach before they allowed full fledged registration. At first reservation of .РФ domains for the state bodies and owners of the Cyrillic trademarks only was allowed. After some time the owners of the Latin trademarks got access to .РФ domain (in Cyrillic transliteration). read moreRisks and opportunities in the domain name world of tom...
David Taylor, Hogan Lovells International LLP, France
2010 has seen a plethora of developments in the domain name industry, reflecting the diversity and innovation in this area.
One of the key ongoing developments is the progress being made in shaping the new gTLD initiative. This has major implications for brand owners across the globe, not least with regard to defining a suitable strategy to protect brands at the second level under potential new gTLDs such as .PARIS, .LONDON, .BERLIN, .BUD and .BLOG for instance. read moreDomain Name: Latin American News
Karen Messerer, Moeller IP Advisors, Argentina
Argentina: Last November 25th, 2009, Resolution 654/09, which approves new rules for the registration of domain names under the country code top-level domain .ar (cctld .ar), –from the Foreign Affairs Ministry, in charge of NIC Argentina- has been published in the Official Bulletin. The mentioned resolution incorporates the following changes:
• Prohibition to register domain names which begin with the characters “xn - -“, as well as those ones which begin or end with the character “-“ (dash)
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