Despite strong opposition and a temporary interruption in the
application process, the Internet Corporation for Assigned Names
and Numbers (ICANN) has barreled ahead with the new generic top
level domain name (gTLD) program. This expansion of new gTLDs (to
the right of the dot) opens up the internet to a plethora of new
gTLD domain extensions. ICANN announced that it received over 1900
applications, and at $185,000 in application fees alone ICANN
collected over $350 million in fees from applicants for the new
gTLDs. Today was the big "Reveal Day" for ICANN which
published a list of the applications including the names
of the applicants and the proposed new gTLD strings.
Due to the overwhelming number of applications, ICANN will
divide the applications into "batches" for its initial
evaluation of the applications. The ICANN's Initial Evaluation
will review, among other things, the proposed gTLDs string for
similarity to other new gTLD or existing gTLD, the applicant to
determine if it has demonstrated the appropriate technical,
operational, and financial capabilities to run a registry, and the
applicant's proposed registry services to determine DNS
stability. The evaluation of the first batch is set to begin on
July 12th and end sometime in December 2012 or January 2013; the
schedule for subsequent batches has not yet been announced.
Anyone interested in submitting comments for consideration
during the evaluation of a particular application will need to do
so before August 12th. A formal objection process is also available
and open for seven months until about January 2013. During the
objection phase, interested parties can raise objections to an
applied for gTLD string based on an allegation that the applied for
string infringes the existing legal rights, that the string would
create confusion with another applied for gTLD or existing gTLD,
that the string is contrary to the public interest, or that the
string is against the interests of a particularly community.
In addition to the many well known brands that applied for new
gTLDs, several of the generic name gTLD strings have multiple
parties applying for them including .love, .music, .news, and
.shop. These multiple applications will be managed in a separate
process where attempts to resolve the contention will begin and
could end in an auction for the string.
The new gTLDs will present extra burdens on brand owners to
protect and enforce their brands. Brand owners should review the
Reveal Day list to confirm that none of the proposed gTLD
applications violate any of its existing trademark rights, consider
registering its trademarks in ICANN's Trademark Clearinghouse
when available for purposes of objection to domain names in the new
gTLDs, and monitor the new extensions when they go live in or
around 2013 for potentially infringing domain names.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
When last we looked in on the Google Books dispute, the Second Circuit had overturned class certification in the suit, brought by the Authors Guild and multiple individual authors, on the basis that the District Court first should have resolved Google’s fair use defense, which could moot the class certification issue.
The America Invents Act, which became fully effective on March 16, 2013, has fundamentally changed U.S. patent law. Some of the most important of these changes relate to the scope of prior art available under 35 U.S.C. § 102.
Addressing a decision of patentability by the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (Board), the U.S. Court of Appeals for the Federal Circuit vacated the and remanded the case, finding that the Board failed to account for critical background information.