Archives For gTLDs

singapore49-logo-300x155-02jan14-enThe 49th public meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) opens in Singapore next week, and FairWinds Partners will be on the ground attending formal and informal sessions, meeting with ICANN staff, and working toward solutions on key issues of interest to our clients.

The meeting likely will be abuzz with chatter about the Commerce Department’s decision to hand over control of ICANN to the multistakeholder community. We anticipate nascent discussions to begin defining how ICANN will establish its independence.

Those discussions will be on target as ICANN shifts from its focus on new top-level domains to the broader subject of Internet governance. New top-level domains will continue to dominate the business of stakeholder groups and constituencies. But ICANN’s pivot toward the big picture is reflected in the consolidation of all new top-level domain activities under its Global Domains Division.

The Global Domains Division has plenty of work ahead. Delays in how to resolve conflicting new top-level domain applications and other sticking points need to be resolved soon. FairWinds expects developments on:

  • Name collisions, where a new top-level domain may conflict with an internal domain already in use
  • ICANN auctions, specifically related to schedules and prices
  • Specification 13, which addresses issues of particular concern to brands
  • An orderly process for releasing geographic terms at the second level

To learn more about ICANN 49, new top-level domains, or FairWinds Partners, please check out FairWindsPartners.comBeyondtheDot.com, the Domain Name Strategy blog, @fairwinds,@gTLDstrategy@beyondthedot. Or call Taylor Frank at 202-223-5232.

Is it too early or precisely the right time for a conversation about new generic top-level domains (gTLDs) and the various ways brands can protect themselves against cybersquatting?  This was the main question nearly 20 participants had at a roundtable in Philadelphia sponsored by the International Trademark Association entitled “gTLDs: Protecting Your Brand.”

The discussion group, lead by yours truly, was made up of law firm attorneys, in-house counsel, representatives from service providers CCH Corsearch, and mega-registry Donuts.

Many in the room were there “to learn as much as I can about this subject” reflecting the fact that it’s still early in the rollout of new TLDs, and most brand owners have registered no new second-level domains let alone filed claims under the Uniform Rapid Suspension system (URS), the Post-Delegation Dispute Resolution Procedure (PDDRP) or the Registry Restrictions Dispute Resolution Procedure (RRDRP) which have been added to the arsenal of brand owners that, until now, had been limited to the Uniform Dispute Resolution Policy (UDRP).

Seven new gTLDs are now open to the public for registration of websites, and many more will become available to the public in the coming months so I expect there will be a tremendous increase in demand for expertise on these issues.

Many roundtable attendees were familiar with the Trademark Clearinghouse (TMCH) – the organization put in place by the Internet Corporation for Assigned Names and Numbers (ICANN) to help brands protect their marks. But participants expressed concerns about the vague instructions from, and lack of communication by the TMCH.

Donuts’ Domains Protected Marks List (DPML), a blanket protection being offered across its 250+ TLDs, was of particular interest to attendees.  For less than the price of a single UDRP complaint, brand owners can block others from registering domains identical to, or that contain their trademark.  Even for this brand-friendly program, however, it seems likely that there will be kinks to work out the system gains in popularity.

Although clients may not be ready to ask for advanced gTLD services, now is the perfect time for trademark professionals to scale the learning curve so that once these domains start appearing on billboards, buses, Super Bowl® commercials, and web ads, these professionals can avoid last-minute scrambles and instead be fully prepared to take immediate steps to protect valuable brand assets.

The Internet Corporation for Assigned Names and Numbers (ICANN) is holding its 48th public meeting in Buenos Aires from November 17 to 21, and FairWinds Partners will be on the ground gathering intelligence.

A lot has happened in the world of generic top-level domains (gTLDs) since ICANN’s last meeting in July. Most significantly, ICANN has signed contracts with applicants for 115 new gTLDs. Twenty-three among that group have moved forward to launch sunrise periods, during which trademark owners may register second-level domains that match their marks. The internationalized domain name شبكة. which means .WEB in Arabic and is known as DotShabaka in English, was the first to launch its sunrise period and, therefore, likely will be the first new gTLD to launch publicly in the first days of 2014.

Despite the progress in rolling out new gTLDs, ICANN is still mulling a number of difficult decisions related to the Governmental Advisory Committee (GAC) Advice issued at ICANN’s April meeting in Beijing. Members of the ICANN community and brand owners will be anticipating developments if not resolutions to these thorny issues.

  • Chief among the outstanding issues is the GAC’s “safeguard advice” pertaining to gTLDs that represent sensitive subjects or regulated businesses, such as .BANK or .CHARITY. ICANN has agreed that these gTLDs will be subject to additional constraints but has provided little guidance on what those constraints might be, so Buenos Aires attendees will be eager for some news.
  • ICANN has moved faster on the GAC Advice relating to generic strings. Its New gTLD Program Committee (NGPC) has added language to the Applicant Guidebook that essentially prohibits closed generic gTLDs. Still to be resolved, however, is whether applicants for closed generic strings must open registration to the public or to a more limited cross section and the timing of when they must open their gTLDs.
  • A third area about which attendees will be anticipating some development involves geographic identifiers in new gTLDs, such as Mexico.Google or China.Walmart. Geographic identifiers must be approved by the GAC representative from the relevant country, but no process is in place for timely approval. FairWinds has been working to help create an orderly process by talking to GAC members about the need for a plan.
  • Finally, ICANN is still in discussions with brand owners about potential changes to the base contract to account for their brand specific needs. Although several issues, such as rights upon termination and transfer of a brand gTLD, are still under discussion, a number of brands have signed the contract as is, undercutting the bargaining power of all brands.

For on-the-scene FairWinds reports from the meeting, check our blog and Twitter feeds.

On March 22, ICANN announced the first 27 applications for new gTLDs that passed Initial Evaluation.

The 27 applications that passed and that do not face any objections or string contentions will be able to proceed to the contracting phase. These applicants can execute their contract with ICANN “as early as 23 April 2013″.

ICANN is planning on releasing Initial Evaluation results each week, 30 strings at a time, and the organization is hoping to increase the release to 100 strings per week.  The status of the three applications that would have rounded out the first 30 – application 7, 18, and 29 in terms of priority rank – is still unknown for “one or more possible reasons”, according to ICANN., and the reasons could range from “pending change requests, clarifying questions, or follow-up with applicants regarding missing information.”

ICANN’s current plan is to have all Initial Evaluations results posted by the end of August 2013.

Trouble Abroad

FairWinds Partners —  December 5, 2012

It can be a scary world out there in cyberspace, even for big companies with ample resources. Just ask the likes of Google, Yahoo!, Microsoft and others, who recently saw their domain names ending in .RO, the Romanian ccTLD, hacked. The attack, which hijacked the DNS records of the domain names and pointed them to a server in the Netherlands, came less than a week after Eboz, a little-known hacker group out of Turkey, attacked these and other companies’ .PK (Pakistan) domain names in mid-November. Continue Reading…

When it comes to ICANN’s New gTLD Program, there are a lot of unknowns. Businesses are asking questions about batching, evaluation processes, Contention Sets, and when the next application round will be held. Some, however, have already started looking beyond the application and evaluation phases to the future and the potential for game-changing innovation and technological advances that, some say, owning a new gTLD promises. Continue Reading…

Today we’ll begin discussing some of the risks associated with applying for and owning a branded gTLD. We’ll wrap up this discussion tomorrow.

RISKS OF OWNING A BRANDED GTLD

The return on investment is not clear.
Because brand owners have never had the chance to own their own gTLDs before, there is really nothing similar to which they can compare them in order to determine whether they will yield a sufficient return on investment (ROI) to make them worth pursuing. The ROI could be particularly difficult to determine for business-to-business or other brands that are not consumer-facing. The reality is, it could be years before brand owners start to see any ROI from their gTLDs. And as with any other new business venture, there is a possibility of failure. Continue Reading…