Archive for the ‘Domain Names’ Category
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Friday, July 17th, 2009
A story earlier this week reported that the Internet Corporation for Assigned Names and Numbers (ICANN) – the organization charged with oversight of the Internet, including the creation of new generic top level domains (gTLD’s) – is considering setting up a centralized database of trademarks to help combat cybersquatting and other negative domain name registration practices. The proposed IP Clearinghouse would be a depository for trademarks and provide unified rules for trademark holders to block domain name registrations that include use of such trademarks, unless the applicant can prove that its proposed use will be legitimate.
This proposal will be closely monitored by the trademark community as ICANN continues to move forward with its controversial proposal to exponentially expand the number of gTLDs. The concern of trademark holders is that the task of protecting their brands online, which is already difficult enough with the existing gTLDs, will become prohibitively expensive.
The idea of the IP Clearinghouse was one of the recommendations outlined in the Final Report on Trademark Protection of ICANN’s Implementation Recommendation Team (IRT). At the recent ICANN meeting in Sydney, the IRT presented its report. The IRT Final Report was open for public comment until June 29, 2009. ICANN might not make a final decision on the idea until late 2009, at which time it could potentially decide on a variation of the IP Clearinghouse, depending on the public comments that it receives.
Though it appears to be a moving target at the moment, the launch of the new gTLDs could potentially take place as early as February or March of 2010.
Posted in Domain Name Disputes, Domain Names, Famous Marks, Protection & Enforcement | No Comments »
Act Quickly to Prevent Use of Your Trade-marks on Facebook
Thursday, June 11th, 2009
The social networking website, Facebook, Inc. announced on June 9 that it will allow users to personalize their URLs (web addresses) with a unique user name (ie: facebook.com/username). As of Saturday, June 13, 2009, users can select one username for their personal profiles (and administrators can select one username for each Page).
In an attempt to deter username squatting, Facebook has put several restrictions in place: (1) only users who had accounts as of June 9 are eligible to register a personalized username (those who registered after must wait until June 28), (2) only one username can be selected per personal profile, (3) usernames are not transferable to other accounts, (4) Facebook can remove or reclaim any username at any time for any reason, and finally (5) Facebook will maintain a list of “reserved” usernames of certain trade-marks which will not be available for registration.
This last stipulation may be of particular interest to trade-mark owners. Facebook has provided trade-mark owners with a form to submit their trade-marks for inclusion on a list of “reserved” usernames which will not be available for registration. The form asks for a trade-mark registration number which suggests that Facebook only plans to protect registered trade-marks. It is also unclear whether the form is intended to be used for Canadian (and other) trade-mark registrations, as well as US registrations.
Although there is also a mechanism for reporting infringement of intellectual property rights by a username that has been issued, a proactive approach is likely more efficient. If you would like to take full advantage of Facebook’s list of “reserved” usernames, you will have to act quickly: username selection opens to account holders this Saturday, June 13.
We should note, just to add a bit of perspective to this, that Myspace, Twitter and other social networking websites already permit personalized usernames and don’t have similar restrictions in place about the use/reservation of third party trademarks. So far, such practices don’t appear to have led to widespread abuses or infringement of third party trademark rights.
Posted in Domain Names, Protection & Enforcement | No Comments »
Second MP Falls Victim to Cybersquatter
Friday, March 6th, 2009
We note an interesting development relating to our recent post on domain name squatting, Cybersquatter Targets MP Keith Ashfield. The Toronto Sun reports that Liberal whip Rodger Cuzner also let his domain name registration lapse, and was surprised to discover that his previously owned domain is now home to a dating and porn website.
This emphasizes once again the need for public personalities (including politicians), as well as trade-mark owners, to diligently manage their online presence.
Posted in Domain Name Disputes, Domain Names | No Comments »