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NEW GTLDS


“You would expect people acting in bad faith to take lessons from this case law and refrain from registering in bad faith, as they will inevitably be confronted by the URS or UDRP,” he says.


“IT’S HARD TO IMAGINE THAT CYBERSQUATTERS ARE WORRYING TOO MUCH


ABOUT EXISTING PRECEDENTS IN UDRP DISPUTES. BAD ACTORS WILL ACT IF THEY WANT TO.”


But it’s hard to imagine that cybersquatters are worrying too much about existing precedents in UDRP disputes. Bad actors will act if they want to. What’s more, the fi nancial burden in UDRP disputes is on the brand owner. For cybersquatters, who oſt en don’t respond to UDRP complaints anyway, the only fi nancial risk is losing the source of revenue from the disputed domain if it is transferred. In some cases they even make money: when rights owners pay them an amount lower than the cost of a UDRP dispute to hand over a domain name.


What’s more, much of the debate about online infringement and the eff ectiveness of


rights


protection tools centres on the assumption that new gTLDs will induce more cybersquatting. Logic would say yes—there will more than 1,000 new registries, greatly widening the scope for infringement.


However, many registries could fl op, attracting tiny amounts of domain registrations and even smaller amounts of


cybersquatting interest.


Consumer awareness of, and interest in, new gTLDs is very low at the moment, so it may be a long time before rights owners face a serious threat to their brands in the new space.


In the business world, too, there is still a lack of awareness about what’s coming. T is is why obtaining advice now on protecting brands as well as realising the opportunities gTLDs provide is crucial for rights owners.


“T e players in the business economy need to understand what the gTLDs are about. T e big costs related to gTLD registration have made people think this is a way to make money, about why is this happening, why is ICANN in charge—the usual debates—but the real thing to focus on is ‘what I need to do here’,” says Petillion.


“Try to understand this, get the proper advice and see what your options are.”


Winterfeldt adds: “It’s important for everyone to realise that this is not a one-size-fi ts-all process.”


Brand owners may disagree with the programme, they may embrace it or ignore it, but their business will be aff ected by it. Now is the time to act, before the world wakes up to gTLDs. 


TO REGISTER VISIT: WWW.WORLDCONGRESS.COM/GTLD; W orld Congress Proudly Presents


2nd Annual Generic Top-Level Domain Names Summit


September 25, 2013 I Affinia Manhattan I New York City


Tools to Protect Trademark Rights and Strategies to Prepare Your Company for the Launch of gTLDs HEAR BEST PRACTICES FROM TOP INDUSTRY LEADERS:


Andy Abrams Trademark Counsel GOOGLE


Keith A. Barritt Principal


FISH & RICHARDSON


Louis Cohen Senior Vice President, Head of Search, Affiliate Marketing and Lead Generation CITIBANK


Silver Sponsors:


Elisa Cooper Director, Product Marketing, Domain Management MARKMONITOR


Erwin Cruz Director, Intellectual Property Strategy and Management W.W. GRAINGER, INC.


Patrick M. Flaherty Assistant General Counsel – Trademarks and Copyrights VERIZON


Educational Underwriter:


Jodee Rich


Cheif Executive Officer PEOPLEBROWSR


Sanjiv Sarwate Principal Legal Counsel – Trademarks and Copyrights DELL


Tim Switzer Chief Operating Officer and CFO DOTGREEN COMMUNITY


Supporting Organizations and Publications:


Elisa M. Valenzona Senior Counsel – Trademarks Patent and Trademark Department ABBOTT LABORATORIES


Brad White Director,


Global Media Relations ICANN


Organized by:


Keynote Luncheon Sponsor:


www.worldipreview.com


Trademarks Brands and the Internet Volume 2, Issue 3


23


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