gTLDs and RPMs
is being used in bad faith. No transfer is possible if you win the case—only suspension.
It remains to be seen how efficient this system will be. A fast track version of the current ICANN Uniform Domain Name Dispute Resolution Policy (UDRP) may have been a better solution.
Trademark post-delegation dispute resolution procedure (Trademark PDDRP)
Tis is one of the rights protection mechanisms for trademark holders to proceed against registry operators who have acted in bad faith, with the intent to profit from the systemic registration of infringing domain names (or systemic cybersquatting) or who have otherwise set out to use the gTLD for an improper purpose.
What’s in it for you?
While trademark owners worldwide fear that the expansion of the generic TLD space will expose their portfolios to even higher levels of infringement and cybercrime, the Internet remains a fantastic tool for turning a local business into an international success.
So, once you have conducted all the necessary and available steps to—as far as possible—prevent others
from misusing your trademarks, how can you use the new system to expand your own business?
One possibility is to find a new TLD that perfectly describes your goods and services, one that you can use in marketing as an addition to your present “
You.com” online address, or even adopt as your new head online address.
It may also be that some specific goods or parts of your business are better suited to one or several of the new gTLDs. Some of the proposed new TLDs are created to point out that sub-domains using that specific TLD are legitimate, come from a specific geographic area or offer certain kind of goods.
As ICANN chief executive officer Rod Beckstrom (who will leave ICANN before July 1, 2012) correctly stated at the opening ceremony of the Singapore meeting: “No-one knows with any certainty where new gTLDs will lead us…”. So the best advice at this point is: be prepared. n
Petter Rindforth, LLM, is the senior partner of Fenix Legal KB, Sweden. He can be contacted at:
petter.rindforth@fenixlegal.eu
“IN ORDER TO COMBAT INFRINGEMENT, ALL NEW TLD OPERATORS ARE OBLIGED TO CONDUCT SUNRISE PERIODS.”
Petter Rindforth, LLM, is a trained mediator and serves as domain name dispute panellist for WIPO, NAF, Czech Arbitration Court and .se. He is special reporter (Domain Names) for the IP organisation FICPI and represents FICPI in ICANN’s Intellectual Property Constituency (IPC).
www.worldipreview.com
Trademarks Brands and the Internet Volume 1, Issue 1
37
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