As Application Period Begins Today, ICANN gTLD Program Represents Significant Challenge to Trademark & Copyright Owners

The Internet Corporation for Assigned Names and Numbers (ICANN ) today began accepting applications for new generic top level domains (gTLDs) to the Internet, part of a proposal the ICANN Board adopted in June 2011. 

SIIA supports, respects, and has participated in the ICANN multi-stakeholder process, and acknowledges that new gTLDs will be introduced. But once the scope and content of applications becomes apparent, ICANN will have another opportunity to address stakeholder concerns, and must do so. The introduction of new gTLDs will require even more of ICANN’s focus on previously-neglected, critical tasks such as reform of the Whois system, improvement of registrar contracts, and contract compliance and enforcement.

The highly controversial proposal has been years in the making, and potentially opens up the Internet to hundreds if not thousands of new gTLDs (and second-level registrations within each of them). The application period will run from January to April, and applications are expected to be publicized in May. It is anticipated that new gTLDs will be approved (and begin appearing on the Internet) sometime in 2013. 

The new gTLD program, as currently formulated, represents a significant challenge to trademark and copyright owners. ICANN’s program opens up a whole new frontier of potential –and likely—abuse by those seeking to profit from the name, reputation, and content of others. Intellectual property owners will need to familiarize themselves quickly with the Rights Protection Mechanisms in the gTLD Applicant Guidebook, and expend even more resources and time in enforcing their rights against cybersquatters and infringers.


Laura Greenback is Communications Director at SIIA.