26 December 2013

ICANN and its express train to new gTLDs and litigation

Looking ahead -- more disputes and litigation over new gTLDs --

Retailers fail to derail ICANN’s ‘express’ train to more top-level domains - Lexology: " . . . . Indeed, the results in these cases may spur trademark owners to pressure ICANN to give more deference to trademarks. But at the least, these rulings reinforce the lesson of the mid-1990s that Internet domains can create seismic disruptions in the trademark world. They also reaffirm a timeless principle of trademarks: Descriptive and other weak trademarks are the most at risk for dilution from non-trademark use. As the new TLD process rolls out this fall, expect more trademark battles with a twist—including disputes over new complete domain names using the new TLDs. Many of those disputes will go through ICANN’S UDRP process, or its new Uniform Rapid Suspension process, after trademark owners become aware of potential problems through Trademark Clearinghouse procedures."

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