ICANN Opens Up the Naming System for Top Level Domain Names
.yournamehere is now possible
Users of the Internet have become very familiar with the .com, .gov and .org generic domain names (gTLDs), and have at least some familiarity with newer TLDs such as .asia, .travel and .jobs. These gTLDs are familiar primarily because there are only 22 accepted TLDs. This is about to change in a big way.
The Internet Corporation for Assigned Names and Numbers (ICANN) recently voted to open up the naming system. Starting on January 12, 2012, companies have a three month window to apply with ICANN to create a new gTLD. While the specific requirements are still being determined, ICANN has announced that only “established public or private organizations” can apply, and applicants must prove they have they have the technical ability to host a domain name. The evaluation fee is $185,000, $5,000 of which is payable at the time the application is submitted. Decisions on the applications are expected in 2013.
No one knows how many new gTLDs will be created, but it is almost certain that some of the new owners will keep their gTLD private and others will open the gTLD to a registry. For example, many expect Coke, Sony, Nike and similar companies to register the .coke, .sony and .nike gTLDs. These companies will likely create web addresses such as dietcoke.coke, minutemaid.coke, and justdoit.nike. It is also expected that interest groups may create gTLDs and open registration for third parties. For example, the American Bar Association could create the .law gTLD and allow law firms to register a .law address.
A chief concern is whether a cybersquatter can register and maintain either a gTLD or a domain name containing the trademark of a company thus causing confusion. For example, could the Acme.pollutes domain name become a site that would tarnish Acme’s image? If a domain name containing a company’s trademark is registered, that trademark owner could file a suit or action to have this domain name transferred to the trademark owner. This may eventually yield a favorable result for the trademark owner, but only after great expense of time and resources.
The time to plan for this change is now. Some decisions to be made include whether to submit an application to create a gTLD, whether to lobby an interest group to create a gTLDs, and whether to monitor the many gTLDs that will undoubtedly be created to potentially register addresses in some or all of the gTLDs. We recommend that trademark owners use the next several weeks to discuss these issues with legal counsel. Now may also be a good time to consider registering any unregistered common law trademarks with the Patent and Trademark Office to fortify any potential claims against anyone who may use unregistered marks as part of a new domain name.