IDN Forums - Internationalized Domain Names  
Home | Advertise on idnforums | Premium Membership

Go Back   IDN Forums - Internationalized Domain Names > Internationalized Domain Names > Internationalized Domain Name News

Internationalized Domain Name News Recent IDN related News

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 1st April 2013, 04:41 AM
DktoInc's Avatar
Senior Member
 
Join Date: Dec 2009
Location: Land of the Loon
Posts: 1,583
iTrader: (2)
Rep Power: 2165
DktoInc has a spectacular aura aboutDktoInc has a spectacular aura aboutDktoInc has a spectacular aura aboutDktoInc has a spectacular aura aboutDktoInc has a spectacular aura aboutDktoInc has a spectacular aura aboutDktoInc has a spectacular aura aboutDktoInc has a spectacular aura aboutDktoInc has a spectacular aura about
New generic Top Level Domain (gTLD) – ICANN Trademark Clearinghouse Goes Live

http://www.natlawreview.com/article/...ouse-goes-live

Trademark Clearinghouse Launch

Complaints regarding inadequate protection for trademark owners will apparently not stop the Internet Corporation for Assigned Names and Numbers ("ICANN") from launching its new unlimited gTLD (generic Top Level Domain) program as quickly as possible in 2013. The new web environment will include hundreds of different words appearing to the right of the dot in domain names, in sharp contrast to the existing limited number of authorized strings such as .com, .biz, .net, and .info. Initial evaluations of over 1900 applications for new Top Level Domains have begun to be published by ICANN and will continue through August. Strings containing non-Latin script, known as Internationalized Domain Names ("IDNs"), of which there are over 100 in Chinese, Arabic and other alphabets, will launch first in May or June.
Trademark owners concerned about cybersquatting and counterfeit goods or services that could be sold at websites created at second level (before the dot) urls via domain name registrations obtained in the new gTLDs should consider filing registered trademarks with ICANN's Trademark Clearinghouse (TMCH) which goes live this week. For example, a manufacturer of food products may consider recording its registered brand names with the TMCH to help protect against use of the brand name by an infringer who might purchase the name to the left of the dot in the new (dot)food domain. As long as the registration was applied for before the particular TLD application was published and was also registered before that TLD contract is awarded, entry of a trademark registration record into the TMCH will provide two benefits: (1) eligibility for Sunrise registrations before the general launch of any particular new TLD if a specimen of use is filed at the time the registration record is entered into the TMCH and (2) notification to the owner if a third party proceeds to register the owner's trademark at the second level after being notified by the TMCH of the owner's claim. Common law marks and state registrations are not eligible for entry into the TMCH, but marks validated through judicial process or by statute will qualify
There are caveats associated with these benefits because eligibility for Sunrise does not guarantee the trademark owner will get the Sunrise registration if other parties also own the same registered mark (perhaps for different goods or services). It's easy to see how this might become a problem in proposed TLDs such as (dot)store. For example, Apple Records may want to sell downloadable music at apple.store, but Apple Inc. may also want to sell consumer electronics at apple.store. Registries will have a method in place for resolving Sunrise registration disputes and this may not be first come, first served. It could ultimately involve a bidding or auction process. Further, the notification described above will only be in place for the first 90 days after general launch of a new TLD so the holder may need to employ a watch service to track registrations purchased by third parties after that 90 day period.
Unlike the recent launch of the XXX domain, there is no "blocking" mechanism available to trademark holders in connection with the new TLDs. This puts a premium on obtaining a preventive Sunrise registration or being willing to follow up with cybersquatters on an "after-the-fact" basis once they have already obtained a registration.
In a decision issued at the end of last week, ICANN confirmed requested improvements for (a) 30 days prior notice of the launch of Sunrise, (b) extending IP claims notification from 60 days to 90 days out from general launch and (c) allowing previously "abused names" (such as those established as “abused” by way of prior UDRP proceedings) to be entered into the TMCH alongside the registered trademark even if not identical to the registered trademark. Presumably these previously abused names would then give rise to IP Claims notifications, but the implications are unclear since the TMCH has yet to issue its final Submission Guidelines based on these latest changes to the system. Entry of TMCH records will involve legal decisions, including, but not limited to (1) whether to enter a registration into the TMCH or not, (2) whether to seek Sunrise registration or not, (3) how best to provide proof of use if a Sunrise registration is desired in any new TLD, (4) which period of protection to select (1, 3, or 5 years), and (5) which domain names and previously "abused names" will qualify for TMCH protection.
Reply With Quote
  #2 (permalink)  
Old 1st April 2013, 06:50 AM
Veteran
 
Join Date: Feb 2006
Posts: 7,495
iTrader: (65)
Rep Power: 2673
blastfromthepast will become famous soon enoughblastfromthepast will become famous soon enoughblastfromthepast will become famous soon enoughblastfromthepast will become famous soon enoughblastfromthepast will become famous soon enoughblastfromthepast will become famous soon enoughblastfromthepast will become famous soon enoughblastfromthepast will become famous soon enoughblastfromthepast will become famous soon enough
Re: New generic Top Level Domain (gTLD) – ICANN Trademark Clearinghouse Goes Live

Quote:
Originally Posted by DktoInc View Post
It's easy to see how this might become a problem in proposed TLDs such as (dot)store. For example, Apple Records may want to sell downloadable music at apple.store, but Apple Inc. may also want to sell consumer electronics at apple.store.
This is a bad example, because some time ago Apple Inc. bought the Apple trademark from Apple Records, and licensed it back to Apple records.

Last edited by blastfromthepast; 1st April 2013 at 06:56 AM..
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT. The time now is 02:46 PM.

Site Sponsors
Your ad here
buy t-shirt
מחיר הזהב

Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
Search Engine Friendly URLs by vBSEO 3.3.0
Copyright idnforums.com 2005

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54