As we ring in the new year, we thought we would remind everyone why the importance of a comprehensive trademark search for a new company name and for a new trademark cannot be overstated: 1. Any word in any language can function as a trademark depending on how it is used. 2. Every business has… Continue Reading
By Jamison Arterton It has been a long time since we had any notable updates on the gTLD process to report. However, after a slow start, the new gTLD program is now in full swing. On March 22, 2013, ICANN released the first round of Initial Evaluations to the general public. This was the first… Continue Reading
By: Susan Neuberger Weller The Internet Corporation for Assigned Names and Numbers (“ICANN”) is the organization that oversees domain names worldwide. It recently began accepting new applications for expanding the number of generic top-level domains (“gTLDs”) on the Internet. The most popular gTLDs until now have included .com, .info, .org, and .net. With the approval… Continue Reading
Written by: Ben Wagner Five steps to protect a marks’ value Trademark owners have a duty to police their mark. This applies to all types of marks – brand names, slogans, color, product shapes, or even a smell. The cost of dropping the ball on this duty can range from a bar on future enforcement… Continue Reading
Written by Geri Haight As we reported in December, two adult entertainment companies filed suit in federal district court in Los Angeles against the Internet Corporation for Assigned Names and Numbers (ICANN) and ICM Registry, the sole operator of the .XXX domain name registry. The complaint, filed by adult filmmaker Digital Playground Inc. and Manwin Licensing… Continue Reading
Written by Geri Haight ICANN has announced that it has extended the public comment period for new generic top-level domain (gTLD) applications for an additional 45 days. The public comment period was scheduled to close on August 12th. The new end date is now September 26, 2012. ICANN stated that this extension will not impact other looming… Continue Reading
Written by Geri Haight What if someone applied for a new generic Top Level Domain (gTLD) that is confusingly similar to the gTLD applied for by your company? Who has standing to file an objection or to submit a public comment in response to an applied-for gTLD? These are the questions that many participants and observers… Continue Reading
We recently published an alert on the planned expansion of the domain name system and what it really means for trademark owners. Click here to read the top 5 things you need to know.
Written by Geri Haight The list of gTLD applications and applicants, disclosed by ICANN yesterday, is a fascinating read. It provides an insight into how the Internet will be transformed (or, depending on your point of view, confused) in the coming years as new domain name extensions are introduced to consumers. But, at the outset, what… Continue Reading
Written by Geri Haight ICANN published the list of applied-for gTLD character strings today. Here is the list. Take a look to see who has applied. There are many applications for .BRANDS, like .AMERICANEXPRESS, .MACYS, and .LEGO. The majority of applications seem to be for .GENERICS, such as .APP, .BASKETBALL, .BLOG, .BOOK, .GAME, .INSURANCE and .NEWS.
Written by Geri Haight Last year, the Internet Committee for Assigned Names and Numbers (ICANN), the organization responsible for the coordination of the global Internet domain name system, announced a plan to bring sweeping changes to the Internet’s generic top level domain (gTLD) structure. Internet users are familiar with gTLDs, if not by name. gTLDs… Continue Reading
Written by Susan Weller Do you “google?” That is the essence of the question before the Federal District Court in Arizona in a Complaint filed on May 21, 2012 by David Elliott against Internet search engine giant Google, Inc. In Elliot v Google, Inc., CV-12-1072-PHX-MHB, Elliot claims that Google’s once distinctive mark GOOGLE® has become… Continue Reading
Written by Geri Haight As part of its plan to dramatically expand the Internet’s infrastructure beyond .com (and other pre-existing generic top level domains (gTLDs)), ICANN, the Internet Corporation for Assigned Names and Numbers, promised brand owners that a variety of additional trademark protection mechanisms would be put in place. One such mechanism is the Trademark Clearinghouse.
Written by Jamison Arterton As promised, ICANN reopened the TLD Application System (“TAS”) on May 22, 2012. Registered users are now able to log in and complete their applications. ICANN has indicated that the system will remain open until 23:59 GMT/UTC on Wednesday, May 30, 2012.
Written by Jamison Arterton and Geri Haight As previously posted, ICANN’s TLD application system (“TAS”) has been plagued by a “technical glitch ” that has caused the online application system for new generic top level domains (gTLDs) to be taken offline in order to protect the confidential information of the applicants. Despite prior indications that the system… Continue Reading
Written by Jamison Arterton As ICANN struggles to get its application system back online, companies have begun lining up to make a profit off of the peculiarities of the application process itself. Pool.com, a domain name drop catch service provider, has recently announced a “Digital Archery Service” which, it claims, can help gTLD applicants get their applications… Continue Reading
The much anticipated “Reveal Day” — so dubbed by ICANN itself — has now come and gone without fanfare. May 1st was to be the day when ICANN was scheduled to publish the list of all applied-for new generic top level domains (gTLDs) as part of the roll-out of the new Internet era. Instead, all… Continue Reading
Written by Jamison Arterton ICANN has temporarily taken the TAS application system for new generic top level domains (gTLDs) offline due to a “technical glitch.” According to ICANN, a technical problem allowed a limited number of users to view other users’ file names and user names. To protect the applicants’ data, on April 12, 2012,… Continue Reading
Written by Jamison Arterton On March 29, 2012, the user registration window closed for anyone planning to apply for a new generic top level domain (gTLD). Applicants who registered prior to March 29, 2012, however, still have until April 12, 2012 to complete their application. As of March 25th, ICANN had 839 registered users in the system. Given… Continue Reading
Time is running out to apply for the Internet Corporation for Assigned Names and Numbers’ (ICANN) new program to dramatically expand the number of generic top-level domain names (gTLDs). This controversial program has the potential to add countless new names to the currently available top-level domains (like .COM and .NET) by allowing companies to apply to serve… Continue Reading
Written by Jamison Arterton ICANN has recently appointed the World Intellectual Property Organization (WIPO) to be the exclusive provider of dispute resolution services when a third party files a formal “Legal Rights Objection” or “LRO” to a pending application under the new gTLD program. In assessing the validity of an LRO, the WIPO panel will decide whether… Continue Reading
On the heels of recent attempts to trademark a celebrity baby name comes the story of an attempt to obtain trademark protection for the name of a sports celebrity. Well, a variation of a sport celebrity’s name. This time, two trademark applications were filed last week for the mark LINSANITY — as in the current craze caused by Jeremy Lin, a player… Continue Reading
Last week, during a special meeting of the ICANN Board of Directors, the ICANN Board approved a resolution that contained a “reaffirmation” that ICANN will open a second application window for the gTLD program “as expeditiously as possible.” The first application window, which opened on January 12, 2012, is schedule to close on April 12, 2012. Because… Continue Reading
Written by Jamison Arterton Trademark owners, mark your calendars. ICANN announced that Tuesday, May 1, 2012 will be “reveal day.” On May 1st, ICANN will publicly post the gTLD character strings that have been applied for in connection with its new gTLD program. Following publication, interested parties may submit comments related to proposed new gTLDs, which will… Continue Reading