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MANAGING DOMAIN NAMES IN THE SPOTLIGHT


THE DOMAIN NAME GOLD RUSH


Although new generic top-level domains are coming thick and fast, brand owners shouldn’t forget about exploiting and protecting themselves in the existing addresses, as Anthony Beltran explains.


A


ſt er years in the making, the new generic top-level domain (gTLD) land grab is underway. T e domain name industry


is seeing an average of fi ve new gTLDs entering the market every week, leaving lots of companies scrambling to keep up or even get started.


At the time of writing, the registration volumes over the past two months are far from the ‘big bang’ that many industry insiders were touting. But they are still healthy, given the amount of exposure the general public has had at this point.


New marketplace, old concerns


It’s easy to get caught up in the hype of new gTLDs and all the associated concerns, whether legitimate or not, that this massive selection of new choices brings to IP practitioners and trademark owners. But it’s just as easy to—and


44 Trademarks & Brands Online


more important for practitioners and companies not to—look past what is already out there in terms of generic domain names, such as .com, .net, and .org, and the hundreds of country-code TLDs (ccTLDs).


To put things in perspective, see the table on page 45 to see how new gTLD registrations stack up against existing gTLDs and ccTLDs.


T e existing domain name market remains very robust and grew by nearly 19 million new domain names last year, a staggering number. T e .com TLD remains on top but we are seeing huge growth in ccTLDs such as .ru (Russia) and .cn (China). With this strong growth, originating primarily in emerging markets, it remains essential for IP practitioners and trademark owners to plan and execute a sound strategy for the domain name portfolio that is tailored to their business.


Volume 3, Issue 2 Enforcement tools


A handful of tools has been created for trademark owners to enforce their rights in the domain name system; each method is appropriate in specifi c situations.


T e most common method used today to recover or shut down infringing domain names is dispute resolution. T e main types of dispute resolution are the Uniform Domain-Name Dispute-Resolution Policy (UDRP), the newly-created Uniform Rapid Suspension System (URS), and various arbitration methods specifi c to ccTLDs. More than 5,000 UDRP cases are fi led each year, with 80 percent of them involving .com domain names.


T e UDRP has been eff ective, but it remains to be seen how strong the URS will be. Designed only for clear-cut cases of infringement in new


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