Ähnlich wie .music, .tickets and .movies – Will New Top-Level Internet Domains Generate More Reward or More Litigation for Entertainment Industry Stakeholders?
Driving the Digital Future by Yong kyung Lee 2009-11-05Eun Kyoung Park
Ähnlich wie .music, .tickets and .movies – Will New Top-Level Internet Domains Generate More Reward or More Litigation for Entertainment Industry Stakeholders? (20)
Driving the Digital Future by Yong kyung Lee 2009-11-05
.music, .tickets and .movies – Will New Top-Level Internet Domains Generate More Reward or More Litigation for Entertainment Industry Stakeholders?
1. .MUSIC, .TICKETS AND .MOVIES
WILL NEW TOP-LEVEL INTERNET DOMAINS
GENERATE MORE REWARD OR MORE
LITIGATION FOR ENTERTAINMENT
INDUSTRY STAKEHOLDERS?
PANELISTS:
ELEANOR LACKMAN
COWAN DEBAETS ABRAHAMS &
SHEPPARD LLP
MARTIN SCHWIMMER
LEASON ELLIS
MODERATOR:
JENNIFER ELGIN
WILEY REIN LLP
4. SIMILAR STRINGS?
YES NO
.law and .law .law and .lawyer
(.esq and
.attorney)
.hotel and
.hoteis .hotel and
.hotels
5. COMPARISON OF OPEN V. CLOSED
.VIDEO OPEN OR CLOSED?
Amazon Closed
Uniregistry Open
Top Level Domain Holdings Open
Lone Tigers (Donuts) Open
.TUBE OPEN OR CLOSED?
Boss Castle (Donuts) Open
Google Closed
Latin American Telecom Open
Application status page: http://newgtlds.icann.org/en/applicants/corner
6. .MUSIC
Prioritizatio Locatio Communit Open or
n Number String Applicant n y App? Closed?
Entertainment Names
749 MUSIC VG -
Inc.
Charleston Road
1907 MUSIC US -
Registry Inc. (Google)
1634 MUSIC Victor Cross US -
838 MUSIC Amazon EU S.à r.l. LU -
1830 MUSIC dot Music Limited GI -
DotMusic / CGR E-
448 MUSIC CY Yes
Commerce Ltd
450 MUSIC DotMusic Inc. AE -
1557 MUSIC .music LLC US Yes
7. Enforcement Strategies: Preventative Measures
Trademark Clearinghouse (“TMCH”)
• Accepting trademark recordations starting on
March 26, 2013 – identical only
• Prerequisite for Trademark Claims service and
Sunrise service
• Marks must be: (i) nationally or regionally (multi-
nationally) registered; (ii) court-validated; or (iii)
protected by statute/treaty
• $150 per mark per year
8. Enforcement Strategies: Preventative Measures
Trademark Claims Service (“TCS”)
• Notice mechanism – notifies potential registrant and, if
registered, owner
• In place for only 60 days after a new gTLD launch (registry has
option to extend)
Sunrise Service
• 30-day period of priority registration for owners of marks in
TMCH
• Proof of use will be verified
Monitoring
• Continue monitoring new gTLD registrations based on
selected parameters
9. Enforcement Strategies: Direct Targeting
Court litigation (ACPA, Lanham Act, etc.)
• Generally most expensive
• Injunctive and money damages (incl. fees)
available
Uniform Domain Name Dispute Resolution
Policy (UDRP)
• Faster than court litigation
• Only remedy is transfer (no $ or injunction)
10. Enforcement Strategies: Direct Targeting
Uniform Rapid Suspension System (URS)
• Promises lower fees, faster results – NAF just
announced as provider
• Higher burden of proof than UDRP
• Freeze for rest of registration period, not transfer
Post-Delegation and Registry Restrictions
Dispute Resolution Procedures
(PDDRP/RRDRP)
• Used against registries that abuse trademarks,
violate other ICANN policies
Hinweis der Redaktion
Yesterday, ICANN announced the final contention sets - 754 applications are contested – meaning that there were at least 2 applications for 230 of the gtld strings. No plurals are contested – so in ICANN’s view, .movie can co-exist with .movies.
Note that .music LLC’s community application is backed by industry, including ASCAP, RIAA, etc. Alot of controversy over this. Its .music would be restricted, along the same lines as gTLDs such a .pro, to card-carrying members of what the company calls “accredited Global Music Community Members”. You’d have to join an organization to register a domain – e.g. amateur bands would have to be members of an accredited songwriters association to get a .music address. In addition, the content of .music web sites would be policed in a similar way to .xxx or .cat, with regular spidering to ensure the content does not break the rules.