gTLD DEADLINE
The system has not been popular. It was highly criticised at ICANN’s public meeting in Costa Rica, with one gTLD policymaker saying she was “bewildered” at the decision. Some say it is no different from a first-come first-served system; others say it favours applicants with the best technology. In a similar vein, Tonkin said it was not ideal for many of his clients, which include banks and online brands.
“We would prefer something that is more predictable. Te problem with the current system is that corporate companies are asking us ‘what does this mean?’,” he says. “Tey’ve gone through the whole process and are keen to go live—but we have to tell them it depends on which batch they’re in and explain that they might not be in the first batch. Tis causes a lot of uncertainty.”
Picking a universally popular mechanism is not easy, however. Some people believe internationalised domain names, ie, those in non-Latin scripts, should come first. Others, Tonkin said, want the generic names first because they will have the most second-level registrations and the greatest benefit. Others still would say
the brands should have priority because they will be the simplest to process, he said. “Everyone has a different view on who goes first,” he said, highlighting the difficulty ICANN has in keeping such a broad range of stakeholders happy.
Tonkin says that Melbourne IT, like its rivals, will provide a service to ‘maximise’ its clients’ chances of landing in the first batch. “A lot of domain name- oriented systems are based on getting in there first, or getting in there by a particular time—so most of the industry participants have experienced that. Until more details are released on the specifics of the user interfaces and how you log in, then it’s very hard for anyone to say how they would do it,” he says. “What you can say is that most of the IT-orientated organisations will put a team of people on it and come up with something effective.”
From June, all applications must pass demanding reviews. First, ICANN teams will review whether string names are too similar to current TLDs or would cause disruption to the domain name system. Then, KPMG and Ernst & Young will assess whether applications meet the requisite financial and technical standards
for running a registry. Although applicants, especially those who employed specialist consultants, will hope
standards, achieving a pass is not guaranteed.
What can be said though, with a strong degree of certainty, is that a wide range of brands, whether they apply for a gTLD or not, will face strategic challenges in the new domain name era. “Te launch of new gTLDs is likely to cause an unprecedented shakeup to the domain name system and the Internet in 2013 and beyond,” said David Taylor of law firm Hogan Lovells.
“Although the aim is to enhance diversity, choice, competition and innovation, it will inevitably put a considerable burden on rights owners across the globe, who will need to reconsider their online strategies carefully.” While we don’t know exactly who will apply for a .brand, apart from a handful of companies such as Canon and Hitachi which have announced their plans, we do know that businesses will face a completely altered domain name system from 2013, when the first registries are expected to open.
they meet these
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masteiner@duanemorris.com www.duanemorris.com www.worldipreview.com Trademarks Brands and the Internet Volume 1, Issue 2 25
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