SIIA is reviewing 1,930 new generic top level domain (gTLD) applications—unveiled today by the Internet Corporation for Assigned Names and Numbers (ICANN )—in order to identify potential intellectual property threats as part of the public comment and objection process. SIIA believes that ICANN must do more to ensure that proper safeguards are in place to protect intellectual property rights before any new gTLDs are approved and go live on the Internet.
SIIA supports, respects and has participated in the ICANN multi-stakeholder process, and a number of our members are new gTLD applicants themselves. Now that the scope and content of applications are known, ICANN will have another opportunity to address intellectual property concerns, and must do so. The rights protection mechanisms that ICANN has required gTLD applicants to implement are inadequate. While some gTLD applicants are voluntarily providing more protection than ICANN requires, this is not the case with all applicants.
SIIA and other concerned groups have promulgated “Enhanced Safeguards for New gTLDS Targeting Creative Sectors”—or gTLDs that pose a particular threat to become havens for infringement and related criminal and illegal activity. SIIA will evaluate and publicly comment on how applications stack up against these standards—especially whether the registry (the gTLD applicant) has committed to offer publicly accessible, authenticated, verified Whois data for all second-level domain names within the registry, and to implement standards that ensure prompt investigation and resolution of rights holder complaints.
The ICANN gTLD program, as currently formulated, represents a significant challenge to trademark and copyright owners,” continued Bain. “ICANN’s program may open up new opportunities, but it also presents 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 to protect themselves against cybersquatters and infringers.
Scott Bain is Chief Litigation Counsel & Director, Internet Anti-piracy at SIIA.