More Trademark and Copyright Protections are Needed before New Domain Names Go Live on the Internet

SIIA today called for more Intellectual Property safeguards before any new generic top level domain (gTLD) applications are approved. SIIA filed comments with the Internet Corporation for Assigned Names and Numbers (ICANN ) on the new gTLD applications as part of the public comment and objection process.

Under the current program, trademark and copyright owners will be forced to expend significant resources and time to protect their intellectual property on thousands of new domains. It is essential that the registries (the gTLD applicants) that are approved by ICANN put in place greater safeguards to protect against piracy and counterfeiting. This is especially true for domain names that are targeted toward software and information products and brands.

SIIA and other concerned groups have recommended a minimum set of safeguards that all new gTLDs should be required to abide by. Among other things, these safeguards would require registries to offer publicly accessible, authenticated, verified Whois data for all second-level domain names within the registry. All registries must implement standards that ensure prompt investigation and resolution of rights holder complaints.

A clear process for complaints and systems for ensuring that domain information is accurate and publically available are the minimum levels of protection that rights holders deserve under this new program. Without this, the new domains will create huge potential for abuse by those seeking to profit from the name, reputation, and content of others. Trademark and copyright owners need a reasonable and open complaint process to turn to.


Keith Kupferschmid is General Counsel and SVP, Intellectual Property Policy & Enforcement at SIIA.