NEW GTLDS
Once registries go live, rights owners will be able to use the TMCH’s 90-day trademark claims period, which acts, in eff ect, as a basic watch service. Internet users trying to register a domain incorporating a TMCH mark will be warned about potential cybersquatting. If a domain is registered, the rights owner will also be notifi ed.
Flaherty says the claims service will be a “handy tool” for seeing who is attempting to register domains incorporating Verizon’s name, although “obviously, cybersquatting doesn’t stop aſt er the 90 days” he says, so watch services will still be required as a part of a company’s anti- infringement strategy.
Flaherty notes, however, that the costs of watch services will rise as specialist companies are forced to monitor brands across an increasing number of registries. T is means Verizon, as well as other companies, will need to “prioritise” which domains it takes action against through either a warning letter or a Uniform Domain- Name Dispute-Resolution Policy Dispute (UDRP) complaint.
T e UDRP is a longstanding and trusted tool for resolving disputes between trademark owners
and domain registrants, but it will sit alongside a new mechanism under the gTLD programme: the Uniform Rapid Suspension System (URS).
Targeting blatant cybersquatters, the URS acts more quickly and is cheaper than the UDRP. But, unlike the UDRP, it does not suspend a domain name—it renders it unusable until its registration period lapses. T at means someone can be found guilty of cybersquatting under the URS, but could re-register the domain years later.
Whether the URS will be eff ective is hard to say until we see it in action, Petillion says.
“It’s too early to see the benefi ts of the URS; on paper we know them, but in practice we wait to see. T e National Arbitration Forum (the fi rst URS provider) is pretty well prepared, with an accessible platform for panellists which is comparable to the existing UDRP platform, but the proof of the pudding will be in the eating.”
He adds: “People will continue to use the UDRP, no doubt.”
T ere is a “vast” case law of UDRP cybersquatting disputes, Petillion says, mainly in the .com and .info spaces, and others in the ccTLD world.
www.gtldworldcongress.com
22 Trademarks Brands and the Internet Volume 2, Issue 3
www.worldipreview.com
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44