Expanded Top-Level Domain Scheme to Challenge Trademark Owners
October 13, 2008
Michael Atkins in Cybersquatting

The October issue of InsideCounsel magazine reports on ICANN’s plan to release an almost infinite number of new top-level domain names.

The Internet Corporation for Assigned Names and Numbers will expand beyond the 21 generic top-level domains currently available (such as .com, .net, and .org) by allowing companies to apply for the right to use any combination of characters as a top-level domain — paving the way for Amazon.com to become Amazon.amazon, for example.

ICANN adopted the changes in June. They will become effective as early as the second quarter of 2009.

New top-level domains could provide good branding opportunities for well-funded trademark owners. Each application will cost at least $100,000.

As the article puts it: “Companies could use their trademarks as TLDs. Dell Computer, for instance, could create a .dell TLD. Then potential customers seeking information on Dell laptops could go to www.laptops.dell or send their queries to info@laptops.dell. Job hunters could go to www.jobs.dell, while bargain hunters could check out www.coupons.dell.”

For those that see value in this, there still is the problem of cybersquatting. The article notes that eBay has registered 20,000 domain names under the limited set of generic top-level domains now available. When an infinite number of top-level domains become available, cybersquatters may drive trademark owners crazy.

The article quotes one lawyer who isn’t so sure that’s going to happen. “If a new TLD is .tires, Firestone should get domain names there, but Marriott, which has nothing to do with tires, doesn’t need to register all permutations of its name in that TLD.”

That remains to be seen. Maybe this is the wave of the future. But maybe Amazon.com is content being accessible at Amazon.com.

Article originally appeared on Michael Atkins (http://seattletrademarklawyer.com/).
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