08 Sep 2011
The ability for businesses to buy .brand generic top-level domains (gTLDs) based on their trademarks could cause legal headaches for some companies, despite optimism from others that the move will help to combat online fraud.
The new initiative allows organisations to buy and manage an entire gTLD system that could include a number of URLs, such as sport.nike or drinks.coke, and has been put forward by the Internet Corporation for Assigned Names and Numbers (Icann).
However, Peter Matthews, managing director of brand management firm Nucleus, said at a Westminster Forum event in London today that the system could cause more trademark disputes.
"There are likely to be main trademark clashes with this new form of domain. The .polo brand, for example, could be taken by Volkswagen, Polo Mints or a clothing firm like Ralph Lauren," he said.
"Or what about Apple the technology firm and Apple Corp? Those two firms have been battling over trademarks for years already. The only people that will really benefit from this are trademark lawyers."
Olof Nordling, director of the Belgium arm of Icann, said at the event that, if multiple organisations want the same domain and are unable to reach any mediation, the matter would be resolved by an auction.
But Matthews insisted that small businesses will be priced out of the system to buy and run a registry relevant to their brand.
"It will cost more than the initial $185,000 to own a brand registrar, perhaps up to $500,000, so for small firms this is going to be out of their reach," he said.
However, Ben Crawford, chief executive of domain management firm dotBrand Solutions, suggested that letting businesses buy and run their own gTLDs has several benefits, such as tackling brand fraud and increasing customer loyalty.
"For brands that own a key trademark, this ability will help them combat fraud that is costing them millions of dollars in fraud, lost sales, customer theft and trying to protect their brand," he said.
"Many firms are looking at bundling access to personalised domains to increase customer loyalty offerings, so a brand like Canon could offer johnsmith.canon."
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But what does the future really hold for ICANN’s new .Brand gTLDs?
Bearing in mind that ICANN won’t allow applications from individuals or sole proprietorships, effectively ignoring the interests of the vast majority of Internet users worldwide. Add in non-refundable deposits of $185,000 per extension, $500,000 for “integration” plus potentially unlimited annual costs and expenses etc, and how many new TLDs will actually see the light of day? Is this a commercial venture or simply a loss making exercise in vanity? ICANN’s main aim has always been to convince Internet users they’re the only game in town and to try and herd everyone into a tiny part of an otherwise infinite universe….but that’s like telling people that the only place they can shop anywhere on Earth is the “convenient” Safeway store in Cincinnati. Yes, the current ICANN Internet set-up may be “convenient” right now, but then some years ago sending a telegram was convenient and sending an email meant inventing the computer (and World Wide Web). So….before making any “investment”, it’s worth considering whether instead of bringing organisations to the forefront, ICANN’s new TLDs will actually isolate you. It’s also worth considering that the Internet is evolving with more fitting and less expensive options coming on-stream. Increasingly ICANN finds itself under pressure to modify. The rules have changed and Alternatives are already available; for example as well as “Dotcoms”, there are now free “Dashcoms” (e.g. create domains like “business-com” or rock-music” or “happy-birthday” at zero cost). As ICANN realises that competition is finally at hand, the true value (or the true cost) of their TLD “opportunities” will become all too apparent. Still, look on the bright side, at least ICANN and their associates will have made money from your efforts. Disclaimer: Author provides dashcom (not dotcom) domain names.
Posted by: Dashworlds 14 Sep 2011