Domain Name News: “ICANN publishes new version of the gTLD Applicant Guidebook” plus 4 more

ICANN publishes new version of the gTLD Applicant Guidebook
DOT Registry applies for .INC, .LLC, .LLP and .CORP
Domain attorney Doug Isenberg explains what the proposed $150 fee will get you at ICANN’s trademark clearinghouse
MarkMonitor warns brand owners that certain new gTLD’s will be troubling
Single year .UK registrations became available in May, the latest numbers are in…

ICANN publishes new version of the gTLD Applicant Guidebook

Posted: 04 Jun 2012 07:05 PM PDT

While the deadline for the new gTLDs recently closed, ICANN today published an update to their gTLD Applicant Guidebook. As per the announcement by ICANN, no changes have been made to the application process, but with regards to the objection filing period.

Here’s a brief summary of the changes:

Updated links to publications by the GAC
Small changes with regards to GAC advice
Replaced of objection filing rules with a link
Provider fees now reside online
Update part of the Registry Functions Activity Report
Moved information in the description of the Trademark claims service

An extensive summary of the changes can be found here.

This posting includes an audio/video/photo media file: Download Now

DOT Registry applies for .INC, .LLC, .LLP and .CORP

Posted: 04 Jun 2012 01:16 PM PDT

As announced in a press release today, Kansa based DOT Registry, LLC has applied for the INC, LLC, LLP and CORP gTLDs in the new ICANN gTLD program. DOT Registry plans to limit the availability of the TLDs to US registered companies.

See the full press release after the jump.

DOT Registry announces their application for four new generic top level domains.

DOT Registry, LLC has pledged their commitment to the business community in the United States by applying for four new community based gTLDs through the Internet Corporation of Assigned Names and Numbers (ICANN). DOT Registry is applying for .INC, .LLC, .LLP and, .CORP which they plan to use specifically to represent registered US businesses.

Community based gTLDs are designed to service a defined group, with registration parameters developed to protect the integrity of the given community. DOT Registry will provide registered US Corporations, Limited Liability Companies, and Limited Liability Partnerships with gTLDs representative of their business entity registrations.

DOT Registry CEO Shaul Jolles states that, " It is our goal to create increased integrity for business representation online by developing gTLDs that represent specific business entity classifications. Through our corporate gTLD strings we will work to decrease the possibility of identity misrepresentation in a cyber setting and assist small to medium size businesses in legitimizing their services online."

DOT Registry worked closely with many Secretary of State's offices to develop their registration policies, which call for transparency in reporting and annual verification. Additionally, securing support letters from these Secretary of State's offices in order to affirm the necessity of restrictions surrounding the strings LLC, INC, LLP and CORP. DOT Registry was informed by the position of the National Association of Secretary of States Business Services Committee in regards to business identity theft in a cyber setting and has taken a position similar to that described in NASS's White Paper in regards to the importance of accurately representing businesses online.

In a March 20, 2012 letter to ICANN the Secretary of State of Delaware, Jeffrey W. Bullock whom protects the integrity of Delaware's legal entity registration system, which is home to nearly one million legal entities and 63% of Fortune 500 companies indicated that, "it is absolutely critical that if ICANN determines to grant such name extensions (. INC, .LLC, .CORP) … that it does so in a restricted manner that is intended to protect consumers and the community of interest that exists among validly registered US companies" he further indicated that "at minimum, any approval for company ending strings be restricted in such a way that reasonably assures that the legal entity is, in fact, an active and validly registered legal entity in the United States, as DOT Registry LLC has proposed within its application."

Jolles indicates that his, " team has worked tirelessly to develop guidelines that will be both user friendly and allow our registrars to appropriately determine if an applicant is in fact a registered US business. Over the last six months we have created strong partnerships with the leading corporate registration companies in order to have the most efficient and credible registration process possible. As a corporate affiliate of the National Organization of Secretary of States (NASS), we feel an acute sense of responsibility to uphold our company's mission and guidelines in order to deliver a strong product and we are excited to participate in this newest evolution of the Internet."

For more information in regards to DOT Registry's proposed gTLD program contact DOT Registry CEO Shaul Jolles sjolles@dotregistry.org.

Domain attorney Doug Isenberg explains what the proposed $150 fee will get you at ICANN’s trademark clearinghouse

Posted: 04 Jun 2012 11:40 AM PDT

As we reported earlier, ICANN has selected IBM & Deloitte as providers of trademark clearinghouse services for the new gTLD’s. Today, Doug Isenberg, a veteran domain name attorney and founder of The GigaLaw Firm has decided to chime in on the matter. He explains in detail what the proposed TMCH service actually provides at his blog, Isenberg On Domains.

Doug also feels that there are still a few unaddressed issues with the latest announcement: “it remains unclear whether the trademark clearinghouse will, despite ICANN's assurances, truly provide much protection for trademark owners amid the gTLD expansion” said Doug in his latest post.

Doug Isenberg GigaLaw Firm

He explains that the purpose of the trademark clearinghouse is to serve as a central repository for information to be authenticated, stored, and disseminated, pertaining to the rights of trademark holder according to ICANN’s new gTLD applicant guidebook. By registering their marks in the trademark clearinghouse:

Trademark owners will obtain certain advantages and notifications during "sunrise" periods that will apply to registrations of second-level domain names within new gTLDs as they are launched; and
Registrants of second-level domain names will receive (at least during the first 60 days after a new gTLD is open for general registration) notifications of trademarks that are an identical match to their newly registered domain names.

Many have questioned whether these systems will do anything to combat cybersquatting and trademark abuse in the new gTLDs. Doug points out below that while the recently announced $150 fee may seem like a low price to pay for any type of trademark protection online, trademark owners need to keep a number of factors in mind as they decide whether or not, or to what extent, they want to participate in the trademark clearinghouse service.

The $150 fee is per trademark. Therefore, a company with a large portfolio of different trademarks could face a substantially higher fee if it elects to register all of its trademarks at the Clearinghouse.
To the extent that participation in the Trademark Clearinghouse provides trademark owners with any meaningful protection, that protection will be limited to instances of only identical matches between trademarks and second-level domain names.
Participation in the Trademark Clearinghouse will not prevent cybersquatters or anyone else f rom registering any domain name.

Doug wrapped up the post by saying: “in addition, a number of outstanding questions remain about mechanical issues relating to the Trademark Clearinghouse. Hopefully, these will be answered quickly, to give trademark owners time to fully consider their options before deciding whether even a $150 expense is a worthy investment.”

About domain attorney Dough Isenberg

Doug Isenberg has represented clients in domain name disputes for more than 16 years according to his website, including the largest filing ever under the Uniform Domain Name Dispute Resolution Policy (UDRP). In addition, he serves as a domain name panelist for the World Intellectual Property Organization (WIPO), the National Arbitration Forum (NAF), the Czech Arbitration Court (CAC) and the British Columbia International Commercial Arbitration Centre (BCICAC).

Isenberg is also the author of the book The GigaLaw Guide to Internet Law (Random House, 2002) and the publisher of GigaLaw.com, a website that provides daily updates about Internet legal news. Doug has represented Wikipedia, Holiday Inn, Hilton and Boy Scouts of America amongst others in domain disputes and cybersquatting cases. The GigaLaw Firm represents clients with intellectual property law needs, especially with respect to the Internet. Their services include: domain name disputes and transactions, copyright disputes, trademark advice and enforcement, intellectual property licensing and other contracts.

MarkMonitor warns brand owners that certain new gTLD’s will be troubling

Posted: 04 Jun 2012 09:41 AM PDT

Frederick Felman, Chief Marketing Officer at MarkMonitor, posted up his thoughts on new gTLD’s a few days ago on the company’s brand protection blog. He addresses the very real threat of brandjacking and/or brand abuse once the newly sponsored gTLD’s are approved and go live, which could happen as early as 2013. He says companies and brands need to pay special attention to “generics” in the soon to be made available generic top level domains (gTLD’s):

“A few days ago, I started to convince myself that there might be less to worry about with new gTLDs. It was calming to consider that the largest percentage of new extensions would likely be .brands which would pose little risk to others' intellectual property rights.

What I'd forgotten is how potentially problematic some of the new generic extensions could be. And recent news reminded me that rights' holders will likely realize all the pain they expected and more. Announcements from Momentus Corporation, Radix, CloudNames and TLDH have catalyzed these fears. They've published the extensions they have applied for, many of which will be troubling to brand-owners.”

The threats that Fred talks about are definitely real and could be potentially on a massive scale that we have never seen before. It will be interesting to see what ICANN proposes to address these issues dealing with trademark infringement/abuse. Feldman went on to say:

“Using defensive registration trends in .XXX as a guide, we'd expect large brands to consider blocking strategies in many of these gTLDs, if they come to fruition, considering their potential for controversy and damage to brand reputation. With the high percentage of defensives in .XXX this could be a very profitable endeavor for these new registries, if their extensions are delegated.

Whether you see these new registries as entrepreneurial opportunities to increase the namespace or a ploy to force brand owners into registering defensively, it raises very real business concerns for large corporations. Will these gTLDs be delegated and how many other applications will be of this nature? We'll all be looking for news to trickle in until the flood on the 13th of June. Meanwhile, brands should be considering how to mount campaigns for GAC advice and evaluating other blocking actions including objections.”

At MarkMonitor, Fred is responsible for defining and promoting the company’s brand protection product offerings as well as leading business development. He and his team created the Brandjacking Index®, an often-cited measure of the trends in online abuse targeting the world’s largest brands. As part of the MarkMonitor commitment to securing brands online, Fred also leads advocacy initiatives for brandholders’ rights issues that intersect internet governance.

This posting includes an audio/video/photo media file: Download Now

Single year .UK registrations became available in May, the latest numbers are in…

Posted: 04 Jun 2012 07:37 AM PDT

One of the biggest complaints registrants of the .UK ccTLD voiced out often was the requirement of 2 year initial registrations and/or renewals of .UK domain names. It was impossible to simply register a domain name for 1 year, just like with any other gTLD (com, net or org) or most other ccTLD’s in the world. Nominet UK, the operator of the .uk domain name registry announced in November of 2011 that they will finally be removing the 2 year requirements and making single year registrations a reality at last come May 1st, 2012.

The newly introduced single year and multi-year registration options offer a greater choice for registrants, who can now choose to secure their domain for the standard 1 year period, or an extended term of up-to 10 years. Nominet consulted with it’s members and the domain community to ensure their views on whether and how to bring in flexible registrations were taken into account. The consultation showed that the majority of the registrar community supported the new rules. Nominet has tiered pricing for domain registrations for members and registrars, pricing ranging from £3.50 per year to £2.50 per year for a 10 year renewal (exclusive VAT).

UK Domain Names

After all said and done, once the stats became available on the Nominet registrations page at the end of May of 2012, the updated numbers showed that there wasn’t any major changes or increased demand in new registrations, which was surprising. A total of 175,060 new domains were registered, which is inline with other month’s. The .uk ccTLD has over 10.1 million domains registered currently. It is the 2nd largest ccTLD in the world, behind Germany’s .DE which has over 15 million domain registrations.