OREGON BUSINESS MAGAZINE/SEPT 2011
.Brand: New TLDs are coming — are you ready?
By Parna A. Mehrbani
Attorney, Lane Powell PC
The Board of the Internet Corporation for
The costs and stringent application criteria
Assigned Names and Numbers (“ICANN”)
may deter companies (and cybersquatters)
recently approved a plan to expand the
from applying for a .brand TLD. The
availability of top-level domains (“TLDs”),
application includes 50 questions intended to
enabling creative new TLDs, including private
create an extensive profile of the company and
brands (e.g., .canon), communities (e.g.,
its operations, as well as confirm applicants’
.catholic) and locations (e.g., .chicago). The TLD
ability to technically operate the TLD. The
is the portion of a domain name to the right of
application fee is $185,000. Companies may
the dot.
need to consult registry experts to prepare the
The application process is extensive and
application and should be prepared for other
expensive, with maintenance of a TLD
fees. Applicants must commit to a 10-year
requiring long-term investment of both
Registry Agreement and payment of annual
finances and personnel. Benefits of applying
fees of $25,000 minimum.
include obtaining a memorable domain name,
Applications will be publicly posted on
Lane Powell Attorney Parna A. Mehrbani
may be contacted at 503-778-2127, or at
mehrbanip@lanepowell.com.
new marketing and outreach opportunities,
ICANN’s website and brand owners will have
branding to improve market share, and
the opportunity to file objections if an applied-
enforce their trademark rights once the new
improved security for users.
for TLD infringes existing legal rights that are
TLDs are launched. Consider registering your key
ICANN plans to accept applications
recognized or enforceable under generally
brands in priority TLDs owned by third parties
Jan. 12 through April 12, 2012. After a
acceptable and internationally recognized
and updating your trademark enforcement and
public comment and objection period and
principles of law. Registered or unregistered
monitoring strategies to include new TLDs.
evaluation of the applications by ICANN, new
trademarks can be the basis of an objection.
TLDs will likely become operational in early
L2
All brand owners will need to pay attention
to the application process as it develops and
2013.
THE LAW JOURNAL SEPTEMBER 2011