NEW gTLDS
Trademark owners and their attorneys need a new gTLD strategy to help them navigate the chaos that will shortly hit the Internet, says Daniel Greenberg.
In the ‘good old days’ it took eff ort and money to infringe a registered trademark. Nowadays all you need is a few dollars on your credit card and access to the Internet. In a matter of minutes it is possible to register a domain name, set up a website and start infringing. A relatively cheap, easy and quick infringement could result in a trademark owner incurring a few thousand dollars in expenses to recover the domain name.
To help combat the meteoric rise in domain name
disputes, the Internet Corporation of Assigned Names and Numbers (ICANN) introduced the Uniform Domain-Name Dispute-Resolution Policy (UDRP) to provide trademark owners with a relatively
simple and cost-eff ective procedure to recover infringing domain names.
Filing a UDRP case is more cost-eff ective than taking action in a local court but is not necessarily cheap, since most trademark owners instruct their attorneys to draſt such complaints. A trademark attorney could charge between $2,500 and $5,000 to draſt a UDRP complaint, excluding the fi ling fee of $1,300. Extrapolate this amount per recovery, over a period of time, and a trademark owner could spend signifi cant amounts of money on recovering infringing domain names.
To add to the already costly task of recovering domain names, ICANN is increasing the avenues for infringement by introducing hundreds of new generic top-level domains (gTLDs), which will start launching later this year. New gTLDs, including the likes of
www.worldipreview.com
Trademarks Brands and the Internet Volume 2, Issue 2
39
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