Really ICANN? The Trademark Clearinghouse provides unprecedented protection. According to your recent announcement it does. Do tell, ICANN -- in what way does the Trademark Clearinghouse protect anything? more
With the Trademark Clearinghouse (TMCH) expected to begin accepting submissions within the next month or so, many companies are now attempting to identify marks for inclusion. As a reminder, the TMCH is a centralized repository of validated rights which will be used in support of ICANN's New gTLD Program. Submissions to the TMCH enable brand owners to register their trademarks as domain names during so-called Sunrise Periods. more
The Internet, at nearly every stage of its evolution, has effected change in existing intellectual property industries as those industries struggle to keep up with the march of technological advancement. For example, the entertainment industry has seen widespread piracy and bootlegging of just and soon-to-be released movies as a result of the increased availability of broadband Internet access in the home, and efficient peer-to-peer file-sharing technologies online. In response the entertainment industry has backed a wave of proposed legislation including the maligned Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA). more
As the fall of 2012 begins the implementation of rights protection mechanisms (RPMs) for new gTLDs is reaching a critical stage... Given the half year interval between the upcoming Toronto ICANN meeting and the following Beijing meeting in April 2013, it is highly desirable, and perhaps essential, that community discussion in Toronto result in a clear consensus on how RPM implementation should proceed if new gTLDs are to launch without further delay and if potential registrants are to perceive them as acceptable platforms for speech and commerce. more
Oakley, Inc. ("Oakley"), the maker of some very popular and trendy sunglasses, has also become a trend-setter in the area of UDRP law where it has been involved in two important decisions in the last few weeks. First, Oakley lost a UDRP decision last month for the domain name www.myfakeoakleysunglasses.com. In that case, the panelist Mr. Houston Putnam Lowry denied Oakley's Complaint on the basis that the domain was not confusingly similar to the OAKLEY mark. more
Tomorrow, January 12th 2012 ICANN will open the application window for new TLDs. This post includes answers to some of the based frequently asked questions. If you have any other questions/queries, or if something is unclear please let me know via the comment at the end of the post. more
Who would have ever believed that .XXX would finally be approved AND launched, total domains registrations would continue to grow at 10% year over year, ICANN would be in the process of preparing for the launch of new gTLDs in the face of harsh criticism, and that both Go Daddy and Group NBT would be acquired by private equity firms. As we look back over the past year, here are the top 10 biggest domain stories of 2011. more
In response to the Washington Post's December 11 article title "What's the .rush?", directed at the expansion of new TLDs, Rod Beckstrom, ICANN's President and CEO has replied in a letter to the Washington Post stating: ""The program of the Internet Corporation for Assigned Names and Numbers (ICANN) to open the Internet to new top-level domain names (TLDs) has been anything but rushed..." more
Yesterday evening, the ICANN's Generic Names Supporting Organization (GNSO) held its last teleconference of the year. We had invited ICANN's new gTLD supremo Kurt Pritz to give an update on the recent US Congress hearings. Kurt was ICANN's spokesperson in both hearings, and felt that the first was more favourable to ICANN than the second. more
ICANN's expansion of top-level domain program faced a second hearing today (see last week's Senate Committee hearing here), this time by the Subcommittee on Communications and Technology of the House Energy and Commerce Committee. During the hearing critics once again warned that ICANN's January roll-out of the program is not adequately developed and it should be delayed. "I don't think this is ready for prime time," said Representative Anna Eshoo, D-Calif. more
It's ironic and amusing that while a few well-connected opponents of the new gTLD program were testifying before the U.S. Senate committee, I was asked to help educate top executives of one of the largest global ad agencies and their major clients on the brand marketing and advertising implications of the program. It was clear from the start that virtually all these high-powered executives knew about the program they had learned from the eleventh hour negative campaign. more
Proposals to enhance online property protection have received a lot of attention lately. Brand managers, goods manufacturers, and content distributors strenuously argue that current law enforcement mechanisms are inadequate to meet the challenges of today's fast-paced marketplace. They specifically note that foreign-based "rogue websites" continue to distribute unlicensed products and content despite existing rules; they maintain that new legislation is needed to empower intellectual rights holders to counter such cyber-criminals more effectively. more
The Internet Commerce Association has just sent a letter to senior members of the House Judiciary Committee regarding the likely unintended but potentially devastating impact of H.R. 3261 ("SOPA") as introduced upon ICANN-accredited registrars and other participants in the broad domain name industry, as well as upon the domain registrants who use those services. more
Concerning ICANN's new generic Top-Level Domain (gTLD) program, why is the Association of National Advertisers whose members spends 400 billion on their 10,000 brands so violently opposed? Bob Liodice President & CEO of ANA recently wrote an article "How to (Unnecessarily) Encumber The Internet And The Economy" in Forbes highly critical of ICANN but clearly missing the mark. This misunderstanding demands clarification, the fog is getting dense so let's explore some facts. more
I read with interest the piece by the Chairman of the Association of National Advertisers (ANA), Garry Elliot, in Advertising Age, which was partly prompted by my commentary in the same publication describing why new generic Top-Level Domains (gTLDs) could be an opportunity for some brands. He says: "From all I've seen, no matter how one tries to justify ICANN's process or the benefits it speculates will occur, it is simply impossible to defend the economics of the ICANN proposal. That is the Achilles' heel of this entire exercise. To paraphrase an old saying, 'It's the economics, stupid.'" more
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