Applications for New Generic Top-Level Domains Being Accepted by ICANN

Oct. 28, 2009 - PRLog -- Dallas, Texas – ICANN’s proposal to begin accepting applications of new generic top-level domains (gTLD’s) has received strong opposition from both the global business community and governments.  These organizations have used ICANN’s public forum format to voice their concerns about the new gTLD’s.
   Of the over 200 comments filed online, the United States Government voiced its concerns in two letters.  One of the letters, written by the Commerce Department’s National Telecommunications and Information Administration (NTIA), criticized the ICANN staff for failing to conduct a detailed study of the costs and benefits, such as adverse competitive effects that the introduction of new gTLD’s would have on businesses.  Other comments concerned a requirement that ICANN ensure the global business community that the introduction of a large number of new gTLD’s would not jeopardize the stability and security of the Domain Name System, that ICANN would implement competitive bidding mechanisms, and place maximum price caps or other terms to protect consumers.  Another area of concern is that ICANN focus its efforts on technical functions related to the management of the Domain Name System and leave matters such as the adjudication of morality and public order to be addressed by governments.  
   Other contributors to the public forum included additional government entities such as the Government Advisory Committee and the Australian Government.  Comments were also submitted from the global business community, with entries by corporate giants such as 3M, Costco, eBay, FedEx, Nike, and Verizon.  Even the banking industry took notice of ICANN’s proposal, with concerns voiced by economiesuisse, GE Money, Bank of America, and Visa.
   “It is interesting to see the outpouring of comments from the business community,” said Darin M. Klemchuk, trademark trial lawyer at Klemchuk Kubasta, LLP (www.kk-llp.com) in Dallas, Texas.  “It will be even more interesting to see how ICANN reacts to these comments and which of them it will incorporate into its next revision of the proposal.”
   The introduction of new gTLD’s could have a significant impact on both large and small companies who wish to engage in defensive brand protection by registering a variety of domain names that could infringe on their trademark if used by third parties.  If a new gTLD is added, such as search, a particular company would have to re-register all of the previous variations of its brand in the new gTLD category.  “This can result in significant added expenses for a company,” observed Mr. Klemchuk.  “Many smaller businesses may not be able to afford these added expenses or could better use the money toward other more proactive ways to improve their branding.”
   
ABOUT KLEMCHUK KUBASTA LLP
Klemchuk Kubasta LLP is an IP boutique law firm offering a full array of intellectual property related services, including litigation and enforcement of all forms of intellectual property, as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides legal services relating to trade secrets, unfair competition, domain names, e-commerce, privacy policies, Internet law, commercial litigation, and business litigation.  Located in Dallas, Texas, Klemchuk Kubasta LLP supports a diverse client base ranging from individuals and startups to established market-leading companies.  Through its Virtual IP Counselsm and Virtual General Counselsm programs, the firm also has experience with technology incubators and pre-first round financing technology start-ups.  Klemchuk Kubasta LLP also serves as local counsel for IP and commercial litigation cases pending in Texas, including the federal courts in the Northern and Eastern Districts of Texas.  Additional information about the firm and its attorneys may be found at www.kk-llp.com.

ABOUT DARIN M. KLEMCHUK
Mr. Klemchuk, an intellectual property trial lawyer, focuses his practice on patent, trademark, copyright, trade secret, and other intellectual property litigation and enforcement. In addition, Mr. Klemchuk has extensive experience representing clients in commercial and business disputes, particularly software development, trade-secret, and non-compete disputes. Named by D Magazine as one of the “Best Lawyers in Dallas,” in Intellectual Property for the third year in a row (2007-09), Mr. Klemchuk also focuses on intellectual-property licensing and technology agreements and serves as local counsel for out of state plaintiffs and defendants involved in patent, trademark, copyright, IP, and commercial litigation in the state and federal courts in Dallas, Texas. Learn more about
Darin M. Klemchuk.

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A business, technology, and innovation focused law firm in Dallas, Texas providing patent, trademark, trade dress,
copyright, and trade secret litigation, licensing, prosecution, and other intellectual property counseling.