New Top Level Domains
ICANN gives applications the known a hot iron at the introduction of new TLDs, new top level domains is the possible infringement of trademark rights. Brands and domains are not new Thema.Die uniform dispute resolution policy of ICANN protects the rights of trademark holders in all generic top level domains managed by ICANN. The trademark rights to refer to the contents left of the “.” domain. With the introduction of new TLDs, but completely different problems arise. It now also involves the trademark domains right from the “.”. In other words: How should be guaranteed – our example is completely fiktiv-, get the domain world enterprise Apple .apple and not the Apple juice company from Sidney? And should that be possible, since “apple” is also a generic term in English? Moreover, the problem of greater complexity. At the moment there are the following generic domains: are the generic domains without sponsor # .biz # .com # .edu # .eu # .gov # .info # .int # .mil # .name # .net # .org the generic Are domains with sponsor # .aero # .asia # .cat # .coop # .jobs # .mobi # .museum # .pro # .tel # .travel # .xxx, some may find this very confusing. But in the future there will be hundreds of top level domains.
How should brand owners protect themselves? Given the fact that there are many identical and similar trademarks in the world, a company – should be checked if she are not top level domain bewirbt-to own another very carefully whether someone at ICANN seeking top level domain a new, is identical with his own name that contains their name or is very similar to him. ICANN is the announce on June 13, 2012 on icann.org, applications have been submitted for which new top level domains. There is up to the soon chance to appeal, against top level domains E.g. because they are similar to its own brand or are identical. There are also reports that speak of a 6-month period. As a precaution you should contact immediately and, if necessary, his patent attorney or a patent attorney from the Anglo-Saxon ask to formulate an objection that could withstand even in court. ICANN requires the provider of new TLDs domains specifically for brand owners to introduce Sunrise phases. This is the discussion also, what is a brand now. Apply only registered trademarks? Must be in use? Also unregistered trade marks apply? To protect another way for brand owners, will be “defensive registrations” that it then could make domain grabbers also impossible to register domains that are identical with well-known brands, but included these brand names in the domain name. Hans-Peter Oswald new tlds.html