In Part 1, I wrote about an impending expansion of generic top-level domains (gTLDs) at the end of 2013. To recap,generic top-level domains (gTLDs) are the part of the URL that come after the last dot such as “com” or “org.”
Please note that this post contains information and considerations for marketing professionals to help them navigate the coming gTLD revolution.It should not be construed as or relied on for legal advice. If you have legal questions, please consult with your an attorney.
Regardless of whether your brand intends to operate a registry, register some second-level domain names, or just protect your goodwill, managing the flood of new gTLDs should be part of your marketing strategy.
Here’s why.
Open Registries vs. Closed Registries
As part of ICANN‘s program enabling new gTLD’s, applicants were asked to note whether their gTLD registry would be “closed” (owned and operated only by the company) or “open” (allow others to access or purchase second level domains within the extension). A lot of ink has been spilled about the fairness and policy implications of being able to own a “walled garden” with a generic gTLD – a complicated and nuanced issue for brands that have trademarks for what would otherwise be common words: e.g. Apple, VW’s Golf. I will leave that debate for the legal blogs.
But if and when “dot” YouTube goes live, how can you ensure you will get yourbrand.youtube instead of having to fightdomain name squatters?
ICANN’S Trademark Clearinghouse
ICANN has launched aTrademark Clearinghouse. If your brand is a registered trademark and you submit your trademark (for a fee), the Trademark Clearinghouse will support your ability to (1) register a second level domain before anyone else in any “open” registries and (2) enforce your rights as a trademark owner.
How else can I protect my brand?
What if you don’t have a registered trademark? You will still have the opportunity to buy your brand on the open market. Just be prepared to move quickly to preempt the cybersquatters! You may also consider looking into one of the manyprivate companies offering watch services to help you monitor your brand. Regardless, be sure to touch base with your legal and IT departments to see if they already have a plan or strategy in place.
A lot of resources will be poured into educating consumers that there is more to a URL than a good “.com.” And it isn’t clear if internet users will adapt to new gTLDs. Regardless of how gTLDs shake out, this is one more reason this is an exciting time for brands in cyberspace.
Debbie Rosenbaum
@rosenbaum_TM
Contributor Bio:
Debbie Rosenbaum is head of Legal and Project Management at Thismoment where she works with legal and marketing teams to identify opportunities as well as risks with user-generated content-based marketing. Before Thismoment, Debbie worked as an intellectual property attorney, focusing on social media, e-commerce, copyright, and other matters arising from how our legal system is adapting to a digital world. Debbie is a JD/MBA from Harvard Law School and Harvard Business School.
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