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Not satisfied with seizing domain names, the Department of Homeland Security asked Mozilla to take down the MafiaaFire add-on for Firefox. Mozilla, through its legal counsel Harvey Anderson, refused. Mozilla deserves thanks and credit for a principled stand for its users' rights.
In the second of three posts about how brand owners can protect their trademarks from misuse, I will focus on two concepts: the role of "use" and registration in protecting your brand, and domain names -- specifically acquisition and protection. Internet domain names have emerged as a major battleground for brand promotion and protection. While it is easier than ever to register and promote your name on the internet, it is also easier for others to trade on another brand's equity.
Today, my company AusRegistry International signed an open letter to the United States House Subcommittee on Intellectual Property, Competition, and the Internet as a show of support for ICANN and its new Top-Level Domain program. I'm disappointed by the nature of the oversight hearing the Subcommittee has called and I believe it will only be a distraction. Let's not kid ourselves; the reason for this hearing is to beat up ICANN over the new TLD program. I think this is unfair and unjustified...
This is an open letter to the United States House Subcommittee on Intellectual Property and the Internet regarding the Oversight Hearing on new Top-Level Domains to be held on Wednesday 4 May. The intention of the open letter is to highlight the imbalance of intellectual property interests on the panel and to ensure the Subcommittee is presented with some balanced facts and benefits of the new Top-Level Domain program.
On Wednesday, May 4, the U.S. House Judiciary Committee will hold a hearing called ICANN Generic Top-Level Domains (gTLD) Oversight Hearing. Kurt Pritz from ICANN has been invited to testify. Arrayed against him are a parade of intellectual property interests, some reasonable, some pur et dur lobbyists for complete corporate hegemony over all aspects of the Internet.
Trademark laws exist around the world to facilitate the use, registration and protection of your brand. With the incredible growth of the internet and the surge in global commerce it has helped produce, the importance of having a recognizable name has grown. In tandem, the risk of infringement, the threat of someone else trading on or benefiting from someone else's brand equity, has also grown. While it is easier than ever to create a global brand, the challenges involved in protecting the equity it creates have increased.
I have been an active participant in the ICANN "grand experiment" from the beginning. An experiment in which a private sector led organization was entrusted by the Internet community and governments to be a trustee of a global public resource. However, at no time during my twelve years of participation in ICANN have I been more concerned about the long term viability of this organization than I do now heading into the Singapore meeting. Failure of the ICANN Board to do the right thing in Singapore will have a profound impact on the future of the private sector led model.
To the dismay of many (and the chagrin of some), it appears as though the US House Subcommittee on Intellectual Property, Competition and the Internet will be conducting a hearing on New generic Top-Level Domains (gTLDs). Meanwhile, ICANN is careening towards the finish line of the new gTLD Program with a vote by the ICANN Board scheduled for June 20th. Just what this all means remains to be seen.
Three sections of the redlined version of the Draft Evaluation Criteria for new Top-Level Domains (TLDs) caught my attention. It seems ICANN wants to ensure it has information to not only evaluate and score responses, but to conduct a post-launch analysis of the program's success in terms of expanded competition, consumer choice and trust. That additional information means more work by both the applicant and for ICANN. But it's a good move because pre-launch preparation and thought staves off mishaps and misfortunes later.
Last Friday ICANN released an updated new generic Top-Level Domain (gTLD) Applicant Guidebook that appears to have taken a number of positive steps toward closing the divide between the ICANN Board and the Governmental Advisory Committee (GAC). One of the more important changes to the Applicant Guidebook was the following text...