Welcome to WebmasterWorld Guest from 52.87.253.202

Forum Moderators: buckworks & webwork

Message Too Old, No Replies

EFF: Avoid Registering New gTLDs Since They Give Brands Special TM Rights and Procedures

ICANN's New gTLDs Trademark Clearinghouse give brands veto power & threatens free speech rights

     
4:22 pm on Aug 2, 2017 (gmt 0)

New User

Top Contributors Of The Month

joined:Nov 17, 2016
posts:40
votes: 2


Top-level domains are the letters after the dot, like .com, .uk, .biz, or .mobi. Since 2003, hundreds of new top-level domains have come onto the market, and there has never been more choice for domain name registrants. But apart from choosing a name that sounds right and is easy to remember, a domain name registrant should also consider the policies of the registry that operates the domain, and those of the registrar that sells it to them
.

avoid registering in a top-level domain that offers special rights and procedures to brand owners, that could result in your domain name being wrongly taken away or could embroil you in dispute settlement proceedings.


we draw attention to the policies of registries Donuts and Radix that have established private deals with the Motion Picture Association of America (MPAA) appointing it as a "trusted notifier" to initiate a registry-level take down of websites that it claims are engaged in extensive copyright infringement.


Source - [eff.org...]

Whitepaper - [eff.org...]
4:33 pm on Aug 2, 2017 (gmt 0)

Senior Member

WebmasterWorld Senior Member Top Contributors Of The Month

joined:Apr 1, 2016
posts:2307
votes: 613


Thanks for sharing this, it (source) is well worth the read.
6:17 pm on Aug 2, 2017 (gmt 0)

Moderator This Forum

WebmasterWorld Administrator webwork is a WebmasterWorld Top Contributor of All Time 10+ Year Member Top Contributors Of The Month

joined:June 2, 2003
posts:8033
votes: 91


From the linked EFF article:

This probably means you'll want to think twice about registering in any of the newer global top-level domains (gTLDs), which provide brand owners access to a privately-run Trademark Clearinghouse that gives them veto powers that go far beyond those they would receive under the trademark law of the United States or those of most other countries.

For example, under U.S. trademark law, if a trademark applicant sought to register an ordinary word such as smart, forex, hotel, one, love, cloud, nyc, london, abc, or luxury, they would have to specify the category of goods or services they provide, and protection for the mark might only be extended to its use in a logo, rather than as a plain word. Yet each of the plain words above has been registered in the Trademark Clearinghouse, to prevent them being used in any of the new gTLDs without triggering a warning to prospective registrants about possible infringement.

This applies regardless of whether the planned usage covers the same category of goods or services as the original trademark—indeed there isn't even any way for the registrant to find out what that category was, or even which country accepted the mark for registration, because the contents of the Trademark Clearinghouse database are secret. And since 94% of prospective registrants abandon their attempted registration of a domain after receiving a trademark warning, this has a drastic chilling effect on speech.


ICANN's explanatory guide re: Trademark Clearinghouse [newgtlds.icann.org ]

ICANN's FAQ about the TC [newgtlds.icann.org ]
 

Join The Conversation

Moderators and Top Contributors

Hot Threads This Week

Featured Threads

Free SEO Tools

Hire Expert Members