The Wild West of gTLDs and Trademarks

By Evan Jensen

Generic top-level domains (gTLDs) are a new and soon-to-be-huge feature of the internet. New websites using a wide variety of newly created domain names will soon be springing up like weeds. Owners of brands and trademarks need to be aware of the threats, and of their options and the tools that are available to protect their intellectual property on the web.

This huge expansion of internet real estate also brings a new wave of speculators and cybersquatters. New gTLDs open up a world of possibilities for speculators and cybersquatters to claim popular words and marks for their own profit. Trademark holders need to be proactive in order to protect their marks from being exploited by vultures on the web by taking advantage of ICANN’s new trademark protections, including legal rights objections to gTLD’s and the newly-created Trademark Clearinghouse.

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Generic Top-Level Domains: The Gold Rush is On

By Evan Jensen

The biggest gold rush since the creation of the internet is in full swing. The creation of new top-level domains is the largest expansion of the internet ever, opening up a new world of opportunity to stake a claim to newly available names that will be immensely valuable in the future. The land grab for virtual real estate is back, and this time it is millions of times larger.

On June 20, 2011, ICANN’s board decided to remove nearly all the restrictions on generic top-level domains (gTLDs).[1] This decision would eventually lead to the creation of ICANN’s New Generic Top Level Domain program to auction off gTLDs. The program allows companies and institutions to purchase any desired string of characters to act as a top-level domain, and to sell domain names beneath that gTLD to anyone who wants one.

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Ninth Circuit Finds Refusal To Transfer Website Domain Registered In Good Faith Can be Bad Faith “Use” For Purposes of the Anti-Cybersquatting Consumer Protection Act

In DSPT Int’l, Inc. v. Nahum, 624 F3d 1213, 97 USPQ2d 1022 (9th Cir. 2010), DSPT International, Inc. (DSPT) is a clothing designer, manufacturer and importer.  Paulo Dorigo, owner and founder of DSPT, hired Lucky Nahum, who was a friend of Dorigo, to help launch EQ, a new brand for DSPT.  Dorigo and Nahum set up a website in 1999 for EQ, and Nahum’s brother was to design and produce the website “http://www.eq-Italy.com” in order to display DSPT clothing under the EQ brand.  Nahum, who exclusively working for DSPT, registered the website domain name under his personal name, for a cost of $25 USD. Continue reading