1 December 2011Trademarks

Brand owners object to gTLD rollout

A coalition of 87 business associations and companies has formed to oppose ICANN’s new top-level domain (TLD) programme.

The coalition wrote to the US Department of Commerce in November 2011 as it tries to postpone the opening of the TLD application window in January 2012.TLDs are currently limited to generic descriptions, such as .com and .biz, and country codes, such as .uk and .fr, but ICANN approved its plan to expand the TLD system in June 2011.

It wants to allow almost any word to be used as a TLD in the hope that it will increase competition and choice on the Internet.

The Association of National Advertisers (ANA) has spearheaded the creation of the Coalition for Responsible Internet Domain Oversight (CRIDO), which it announced in November 2011, in response to what ANA president and chief executive officer Bob Liodice called an “ill-conceived, unwanted and destructive” programme.

In its letter to the US Department of Commerce, the coalition said that the new TLD programme was approved “despite widespread and significant objections”.

The coalition said that the new TLD programme would unduly burden public and private brand owners, confuse consumers, increase the level of fraud and identity theft on the Internet, create new opportunities for Internet crime and jeopardise cyber security.

It added: “ICANN’s decision was not made in the public interest, does not promote consumer trust, and does not benefit the public, as required in the Affirmation of Commitments between ICANN and the National Telecommunications and Information Administration (part of the US Department of Commerce).”

The coalition is strongly supported. Big brand owners such as beverage manufacturer The Coca-Cola Company and pharmaceutical giant Johnson & Johnson have joined, as well as the Intellectual Property Owners Association.

In a statement, Brad White, director of global media affairs at ICANN, stressed that the new TLD programme was approved only after six years of careful study, discussion and debate.

He said that ICANN president and chief executive officer Rod Beckstrom, who is leaving his role in July 2012, sent a letter to the ANA in August 2011 pointing out that the TLD programme was developed in “a transparent manner after soliciting public input every step of the way”

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More on this story

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1 December 2011   TB&I invited six experts to discuss the developments at HoganLovells LLP’s London office.
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1 October 2012   After intervention from US members of congress, the organisation overseeing the new generic top-level domains programme has given members of the public an extra 45 days to comment on applications.
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11 December 2012   Rights owners should begin developing their enforcement strategies for protecting their marks in the new generic top-level domain space, Microsoft attorney Russell Pangborn has warned.