gTLD DEADLINE
worry. For many businesses applying for a .brand gTLD, the journey ahead is already uncertain. Tis journey, which was set to resume on April 30 until the data leak, will restart when ICANN publishes the full list of applications.
“As soon as the applications go public I think we will see a lot of people rattling the sabres to show that they have the best trademark right,” says Bruce Tonkin, head of strategy at Melbourne IT, which advises gTLD applicants. Indeed, rival brands sharing the same trademarked terms, and companies not applying but watching to ensure that no-one applies for their name, will all plunge into battle. Some have already begun this fight:
Planet.eco, an emergent applicant for the .eco environmental gTLD, has filed a lawsuit in California against two other applicants, claiming ownership rights over .eco.
While this squabbling will not affect companies applying for a unique brand name, they could face other hurdles once ICANN publishes the list of strings. Te first is ICANN’s Governmental Advisory Committee (GAC). Te GAC will be running over each application with a fine-toothed comb to ensure that strings are not capable of violating national laws or causing sensitivities. Tis could certainly affect ICM Registry, the company that manages the .xxx domain (covering adult content) and is applying for .sex, .porn and .adult. In particular, brands applying for generic terms will be wary that the increasingly powerful GAC can stand in their way.
Ten comes the public. Aſter reveal day, ICANN opens a 60-day public comment period. “Anyone who has a particular grudge against a brand can make that grudge public,” says Tonkin, who
“RIVAL BRANDS SHARING THE SAME TRADEMARKED TERMS, AND COMPANIES NOT APPLYING BUT WATCHING TO ENSURE THAT NO-ONE APPLIES FOR THEIR NAME, WILL ALL PLUNGE INTO BATTLE.”
someone else might take our name in the future’,” says Tonkin, whose company is advising around 150 clients. “Tat’s very much driven by their legal department: the legal department does the applying and then hands it over to the business unit to work out what to do with it in a year’s time,” he said.
Digital archery
Tonkin, who is also an ICANN board director but cannot vote on gTLD policies, explains that the obstacles don’t end there. Before evaluators can begin assessing applications in June 2012, ICANN must place them into batches. The organisation is expecting at least 1,000 applications—and there at least 839 registered bids—but evaluators can manage only 500 applications at once. This means that ICANN must create the batches fairly: for some companies, being in the first batch and gaining ground on competitors is essential.
joined Melbourne IT in 1999. “Tere is a degree of managing reputation here because people may say ‘you shouldn’t trust this company’ or ‘this company is dishonest’. Tey may air their dirty laundry.”
When ICANN publishes the list, some brands will, for the first time, actually begin developing their gTLD strategy: a challenge in itself.
“Some say ‘we’re not quite sure what we’re going to do with it yet but we don’t want to take the risk that
After dismissing random selection—owing to fears it would invite lottery lawsuits in California—and ruling out first-come-first served, ICANN directors voted for ‘digital archery’ in March 2012. Under this system, which has an opt-out provision, applicants pick a time and date in the near future. Then, on that date they have to click a ‘submit’ button on ICANN’s website as close to the chosen time as possible. The closer to the time, the higher they will rank. ICANN will rotate through its five geographic regions picking the best times, followed by the second-best times, continuing until all applicants have been ranked.
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Trademarks Brands and the Internet Volume 1, Issue 2
www.worldipreview.com
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