The International Trademark Association (INTA) plays a significant role in the ICANN (Internet Corporation for Assigned Names and Numbers) new generic Top-Level Domain (gTLD) program, primarily as an advocate for trademark owners. Here's how INTA is important:
1. Advocating for Trademark Protection:
- Early Concerns: From the program's inception, INTA voiced concerns about the potential for increased online trademark infringement and consumer confusion due to the vast increase in the number of gTLDs. They emphasized the need for effective mechanisms to protect trademark rights.
- Policy Input: INTA actively participates in ICANN's policy development processes related to the new gTLD program. They submit comments, participate in working groups, and advocate for policies that safeguard trademark interests. For instance, they have provided feedback on the Applicant Guidebook and proposed language for the next round of the program.
- Rights Protection Mechanisms (RPMs): INTA has been a key stakeholder in the development and implementation of various RPMs within the new gTLD program. These mechanisms aim to mitigate potential trademark abuse. Some notable RPMs include:
- Trademark Clearinghouse (TMCH): INTA supported the establishment of the TMCH, a central database of trademarks that applicants for new gTLDs must search before launching their TLDs. This allows trademark owners to receive notifications of potentially infringing domain name registrations during the "Sunrise" and "Claims" periods.
- Sunrise Period: INTA advocated for robust Sunrise periods, which provide trademark owners with an initial opportunity to register domain names corresponding to their trademarks in new gTLDs before general availability.
- Trademark Claims: INTA supported the Trademark Claims service, which notifies potential domain name registrants that the domain name they are seeking matches a record in the TMCH. It also informs trademark owners when a domain name matching their mark has been registered.
- Legal Rights Objections (LROs): INTA was involved in discussions surrounding the LRO process, a pre-delegation dispute resolution mechanism that allows trademark owners to object to a new gTLD application if they believe its use would infringe their existing trademark rights. The World Intellectual Property Organization (WIPO) was appointed as the exclusive provider of LRO dispute resolution services.
- Uniform Rapid Suspension (URS): INTA acknowledges the URS as a post-delegation mechanism that offers a faster and cheaper way for trademark holders to address clear-cut cases of infringement compared to the Uniform Domain Name Dispute Resolution Policy (UDRP).
2. Providing Expertise and Guidance:
- Cost Impact Analysis: INTA has conducted studies to assess the impact of the new gTLD program on trademark enforcement costs for intellectual property owners. This research provides valuable data for ICANN and trademark owners to understand the financial implications of the expanded domain name space.
- Educational Resources: INTA offers resources and guidance to its members on navigating the complexities of the new gTLD landscape and utilizing the available rights protection mechanisms effectively.
3. Ongoing Engagement:
- Subsequent Procedures: INTA continues to engage with ICANN in the "Subsequent Procedures" process, which aims to review and potentially revise the new gTLD program based on the experience gained from the first round. This ensures that trademark concerns remain a key consideration in future developments of the program.
- Monitoring and Advocacy: INTA actively monitors the implementation and impact of the new gTLD program and continues to advocate for measures that enhance trademark protection in the evolving domain name system.
In summary, INTA is a crucial stakeholder in the ICANN new gTLD program, representing the interests of trademark owners globally. Through its advocacy, policy input, and expertise, INTA plays a vital role in shaping the program and ensuring the protection of intellectual property rights in the expanded domain name space.