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This article is David A. Einhorn, partner, and Lesley Portnoy, associate, at law firm Baker Hostetler. Rod Beckstrom,www.dcshoesretailoutlet.com, CEO of the Internet Corporation for Assigned Names and Numbers ICANN.Image credit: AFP/Getty Images via daylife The days ofdomination may be coming to a close. The Internet Corporation for Assigned Names and Numbers ICANN has opened applications under its Generic TopLevel Domain gTLD program. Companies willing to foot the $,Guess Dresses, application fee and $, annual renewal bill not to mention maintenance and management costs can lay claim to their own dot Brand domain?anything from .kids to .deloitte. In the near future this may raise the count of toplevel domains , .co,DC Men Hoodies, .edu,.gov from to more than ,. While some brand managers will innovate in this new era, all should be aware of headaches they will soon face. As the number of TLDs goes up, the avenues for trademark infringement and fraud stand to increase exponentially. Some simple strategies may be employed, though, to combat these risks: . Consider applying for a gTLD. For some companies, owning a gTLD makes real business sense. Firms with franchisees, agents, branches or fans can use a gTLD to signal authenticity. Multinationals with a large number of active sites,Michael Kors Sale, especially with trademarked names or products is in their URL, are also ideal candidates. This would include the Krafts,guess wallets, Procter amp Gambles, and Rolexes of the world. While applications are pricey, the payoff in terms of brand clarity, security and fraudprevention may offset the cost. With ICANNiexcls March , registration deadline fast approaching, though, time is of the essence. . Closely monitor gTLD Applications. On May , the first round of gTLD applications will be made public individuals will have until December , to lodge objections. While straight trademark infringement is certainly grounds for protest, ICANNs vague policies can spell trouble for applicants down the road. One example, a firstround gTLD sharing common characters may block a future filing i.e. .nyc prevents a future .nyce application. Careful analysis early on may prevent a scramble later. . Register with the Trademark Clearinghouse. Say you own the Acme Nail Corp. Today, to protect your URL, it makes sense to register acmenailcorp, acmenailcorp.net, acmenailcorp.org, etc. It might be prudent to registering acmenail, acmecorp, acmenails, as well, across the same domains. Monitoring and managing this process with toplevel domains is a nuisance. With ,Prada Messenger Bags,, it is near impossible. ICANNs trademark clearinghouse will centralize intelligence for brandowners and automate monitoring. The plan is this: Acme Nail registers its trademarks with the clearinghouse. When someone attempts to register, say acmenails.home, the David Einhorn trademark holder is immediately alerted, providing the opportunity for a speedy response. . Know your rights. There will be three ways to fight a fraudulent or infringing domain: o Uniform Rapid Suspension System URS: Quick, fast and dirty. URS works in clearcut cases of infringement. If you own Brooklyn Watch Co. and the brooklynwatch domain, URS may be employed to shut down brooklynwatch.watches. You wont get control of the domain, but youll eliminate the nuisance. o Uniform Dispute Resolution Policy UDRP: This is the more thorough avenue for arbitration. Success can lead to transfer of the disputed domain name. o Anticybersquatting Consumer Protection Act ACPA: Filed in federal court, an ACPA action is pricey and timeconsuming. If successful, though, a victim can to take control of an offending domain, as well as collect statutory damages. Lesley Portnoy The Web is about to enter a new era, one rife with increased risks from cybersquatters, counterfeiters and trademark infringers. Though many have faulted ICANNs new program, gTLDs are rolling out regardless the mandate falls on CMOs and legal advisors to defend brands and marks accordingly. Move up i.forbesimg tMove downWhat Do New TopLevel Web Domains Mean To Your BrandEric SavitzForbes Staff
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