New gTLDs domain name disputes

After much controversy, ICANN's "new gTLDs" are finally with us. See here for more information about the new domain names generally: http://newgtlds.icann.org/en/

The new gTLDs have brought with them a new array of rights protection processes and mechanisms including the following.

Trademark Clearinghouse (TMCH)

Central database of authenticated trade marks used to support sunrise registration periods (when trade mark owners can buy new gTLDs corresponding to their trade marks before the general public). The TMCH also supports the "Trademark Claims Service" whereby notices are sent if a party tries to register a domain name which matches a trade mark in the TMCH.

Uniform Rapid Suspension System (URS)

This is intended to be a "lite" version of the UDRP enabling temporary suspension of a domain name in more straightforward cases. However, negotiations by the various interest groups have now turned this into a more complicated procedure than was originally envisaged and its usefulness is now in question.

Uniform Dispute Resolution Policy (UDRP)

The UDRP which has been in place for .com and other gTLDs since 1999 will also apply to the new gTLDs. The key issue is whether the new gTLD has been registered and used in bad faith.

Post-Delegation Dispute Resolution Procedure (PDDRP)

This encompasses a number of dispute procedures whereby trade mark owners can take action, not against domain name registrants, but against domain name registries which engage in certain specified kinds of misbehaviour.

How Adlex Solicitors can help with new gTLD domain name dispute ...

... for a free initial chat and more information, contact Adam Taylor on +44 (0) 207 317 8404 or email.

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