Posted by Rosemary Brkopac on Thu, Jan 28, 2010
2010 will be an exciting year for me because as the new decade kicks off so does another volunteer term on the INTA bulletin committee. Thousands of INTA members spend countless hours volunteering their time and talents contributing to INTA, but I think working on the Bulletin must be one of the most rewarding and instantly gratifying ways to be involved in the Association. Close to 30,000 INTA members receive the Bulletin every two weeks, with each issue being much anticipated as receiving the publication was voted the most important benefit of INTA membership – even over the annual meeting!
Over the past two years my role on the committee has afforded me the privilege of reporting on cutting edge trademark conferences as well conducting Member Spotlight interviews with the most respected trademark attorneys in the world. If I had to pick one highlight of my last term it would be covering the Trademark Law and the Internet forum held last year in San Francisco. The conference featured one of the founders of the Internet, Google Evangelist Dr. Vint Cerf, as a keynote speaker. To be in the same room with him and hear him speak about topics such as Interplanetary Internet and the introduction of IPv6 was a truly phenomenal experience. I enjoyed writing the article and sharing information gleaned from the conference with clients and colleagues alike. When doing a Member Spotlight interview the one question I ask each person without fail is “What do you see as the most serious issue today concerning trademark infractions on the Internet?” The responses I get back vary from person to person, and I (and my clients here at BrandProtect) benefit from their responses. I always learn something new and often get a different perspective on the issues that are important to all of us in the brand protection field.
Though we are still in the early days of 2010, the members of the INTA Bulletin committee are hard at work preparing stories for upcoming issues. Please look out for my Member Spotlight focusing on Nancy Lutz appearing next month.Nancy is an IP attorney and a partner of Kelley Drye & Warren LLP, in Washington D.C. I’m currently working on articles focusing on J. Scott Evans, Senior Legal Director, Global Brand and Trademarks - Yahoo! Inc. (who is heavily involved with ICANN, advocating the protection of rights holders interests with the introduction of the new gTLDs) and Vincent Martell, Intellectual Property Manager at CKX (American Idol, Elvis Presley Enterprises, Muhammad Ali, the Beckhams). I always appreciate feedback, so after reading my articles please drop me a line and let me know your thoughts!
Posted by Jamila Hunte on Tue, Jun 23, 2009
In a recent article published by Reuters entitled "Most firms unaware of Web domain changes: survey", they reported that two-thirds of companies are unaware of the ICANN (Internet Corporation for Assigned names and Numbers) proposed new gTLDs (Generic Top Level Domains) that are slated to be opened up in Q1 of 2010. Many businesses are unaware that their trademarked name could be used as a domain extension similar to .com, .net, .org, etc. In this economic climate companies are very concerned with keeping an eye on the bottom line, but should also not forget to ensure that their biggest asset- the trademark- is protected.
With companies already utilizing the resources they have, however limited they might be, to protect themselves against phishing, cybersquatting, email scams and counterfeit fraud, these new gTLDs could present a challenge, or depending on who you speak to, it could also be an opportunity. For many companies out there running a registry is not the primary focus of their business; let's also not forget the data security and consumer protection issues that come as part of the package. This is can be an enormous financial burden when you also consider that it will cost $185, 000 just to apply for a new gTLD. Brand owners need to be aware of the progression of these new gTLDs as they come into existence because it is not a matter of if it will happen, but when it will happen.
In its attempt at transparency, ICANN has issued a Draft Application Guidebook (DAG) that details the process of applying for the new gTLDs. The second version of the DAG was related in February 2009 which attracted hundreds of comments from those who have an interest in the new gTLDs and also from brand owners who feel less than comfortable with the whole idea. The Implementation Recommendation Team (IRT) was formed in 2009 shortly after the release of version two of the DAG at the request of the trademark community to identify solutions to the potential risks to brand owners as a result of these new gTLDs.
The IRT is composed of 18 members and have released their draft report in response to the overarching issues and provided recommendations on some of these issues. While the IRT maintains an important function, it is also up to brand owners and others in the community to also engage in this process. There is an opportunity right now to review their report which will be an important part of the ICANN meeting in Sydney, Australia on June 21st 2009. Brand owners and those who have a vested interest in trademark issues have until June 29th to submit their comments to the IRT. I don't believe that it is expected that all the nitty gritty parts of their recommendations will be embraced by everyone, but it is important for ICANN to know that the general idea of their recommendations have support. The IRT maintains that they are not for or against the new gTLDs, but are there to look outside the box to ensure that the rights of brand owners can some how be protected. If brand owners hope for ICANN to take their proposal of rights protection mechanisms seriously they must become involved https://st.icann.org/new-gtld-overarching-issues/index.cgi?new_gtld_overarching_issues.
Griping after the fact will not help the situation, especially if you are not in favour of the new gTLDs. So become engaged in the process if you can, before it is too late.