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LEGAL UPDATE: ICANN Allows Unlimited Internet Domain Suffixes Business By Kent M. Clayton The Internet Corporation for Assigned Names and Numbers, the international group in charge of domain names, recently approved the use of almost any word to replace “.com” and ".org" in a Web page address. Registration and use of the new suffixes will be permitted beginning in early 2009. ICANN also approved the registration of domain names written in Asian and other scripts, creating opportunities for companies to brand themselves in native languages beyond the present system, which supports only 37 characters. An avalanche of new registrations is expected, as businesses scramble to protect their brands under the new domain name regime. The revised ICANN policy is intended to permit registration and use of more “top-level” domain names, provided that the registrant can satisfactorily prove to ICANN that it has the ability to manage the sizable technical task of running it. Accordingly, city designations such as “.nyc,” “.la” and “.sanfrancisco,” are expected to be hot domain name commodities starting in 2009. However, there are restrictions. A registration will be rejected if it conflicts with a registered trademark (“.sprite”), or if it is confusingly similar to an existing domain name suffix (“.kom”), if it is a geopolitical term claimed by a government or other group (“.china”), or if it is a threat to morality or public order (“.porn”). Another likely barrier to squatters will be the $150,000 to $500,000 ICANN will charge parties to set up a new top level domain, money the group says will help offset the $20 million it expects to spend implementing the new policy. Advice for Business Owners Business owners should take steps to ensure that their current domain name and all reasonable variants are registered in order to fully protect their trademarks. Although it is not required that you use an attorney to file a trademark registration application, it may be a good idea to do so if you have questions about the process or if you are not certain that your trademark will be accepted. ******* If you would like to discuss how this alert might affect you or your business, please contact Kent M. Clayton at (949) 474-1880, X346 or the attorney with whom you regularly work. This Alert is published as a service to our clients and friends. It is intended for informational purposes only and is not intended to constitute advertising, solicitation or legal advice. ©2008 Berger Kahn, A Law Corporation. All Rights Reserved. Back |
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