Domain name update: Seven new top level domain names

In response to concern that the DNS was becoming overcrowded with more than 12 million registrations in the TLD’’s alone, ICANN announced that it would accept applications for new TLD’’s. From the 47 applications received for nearly 200 proposed new TLD’’s (including .firm, .shop, .biz and .kids); ICANN approved 7 new generic top level domains for consideration and negotiation of registry agreements. These new names are not yet operative. These 7 TLD’’s are: .biz (for commercial businesses and entities desiring to use the TLD for legitimate business and commercial purposes); .name (for the names of individuals); .pro (for professionals); .coop (for non commercial co-operatives); .museum (for accredited museums); .aero (for air transport industry)
and .info which is an unrestricted TLD.

Details of the requirements which will apply in each instance will be made available shortly. In relation to .info and .biz, their wide application raises the possibility of an increase in the number of infringements of intellectual property rights. In an attempt to avoid this situation, the applicants for .biz and .info have proposed several procedures to prevent abuse of intellectual property rights.

These are :

.info

There will be a “"Sunrise Period"” for trade mark owners giving them the opportunity to pre-register their trade mark registrations, which were issued by a national trade marks office before 2 October 2000, as domain names before the registry is made open to the public.

If any of the intellectual property provisions are violated, registration will not be possible.

.biz

There will be an Intellectual Property Notification Service to which trade mark owners can subscribe which will notify them if someone tries to register a domain name which is identical to any of the subscribers’’ trade marks.

Both .biz and .info will adhere to ICANN’’s Uniform Dispute Resolution Policy. Registrars will be required to keep comprehensive and accurate WHOIS information about the domain name.

From a positive side for e-commerce, the increase in the number of TLD’’s available will no doubt be popular with Internet users.

While one cannot predict with any certainty the outcome of ICANN’’s approval of additional TLD’’s, it is almost certain that there is likely to be an increase in the number of disputes between trade mark owners and registrants.

Trade mark owners and right holders in certain trading styles, should as a defensive strategy consider registering or notifying their trade marks as domain names in the .info TLD and notifying the Registrar of their trade marks for the .biz TLD. They should look at it not only to avoid costly disputes, but also as a marketing stategy.

Should you require any further advice in this regard, please contact us.

We will continue to keep you advised of developments as it may be some time yet before the new TLD’’s are finalised.

New development in Belgium

With regard to the domain name .be, it is no longer necessary to prove the existence of earlier rights upon registering a domain name in the ccTLD. .be domain names are now assigned on a “first come first served basis” to the person or company who applied
for it.