Herbert Geer Brand Protection Services Update
June 2011
Exciting New Developments to the Domain Name System
On 20 June 2011 the Internet Corporation for Assigned Names and Numbers (ICANN) announced an exciting new development to the way in which we use Internet Domain Names with the unveiling of unlimited generic Top-Level Domains (gTLDs) to the Internet’s Domain Name System (DNS).

We believe these changes could have far-reaching consequences for all of our clients so have outlined in this Update an overview of what these changes are and how they could affect your business.

The current system
As you may know, top level domain names are regulated by ICANN.

Under the current system, ICANN oversees 21 Generic Top-Level Domain names (gTLDs), (which include .com, .org, .gov, .net, .biz, and .info) and more than 260 Country Code Top-Level Domain names (ccTLDs) (which include .au (Australia), .nz (New Zealand), and .uk (United Kingdom)).

Under this system, companies such as yours can register internet domain names such as:
  • .herbertgeer.com
  • .herbertgeer.com.au
Or if you are in the government sector:
  • .herbertgeer.gov
  • .herbertgeer.gov.au
What’s changing?
On 20 June 2011 ICANN announced the unveiling of unlimited new gTLDs to the Internet’s DNS.

Unlike what exists now, the announced changes will allow companies such as yours to create your very own gTLD - for example .herbertgeer or participate in new generic named TLDs, such as
  • .music
  • .food
  • .brisbane
  • .sydney
  • .melbourne
What does this mean for my company?
In short, if you want to protect your brand’s electronic footprint, you now need to give serious consideration as to whether or not you wish to own your own gTLD.

When does this all take affect?
The first window of applications for a gTLD is from 12 January 2012 until 12 April 2012.  The next window of opportunity to secure a gTLD is not expected to be until 2016-2017.

What can we apply for?
You can apply for almost anything!  New gTLDs can be up to 63 characters long (to the right of the final dot).

ICANN, however, has advised that the following will not be available for registration:
  • Country Names eg .Australia
  • Morally Offensive Domain Names
  • City/Region names must be endorsed by the respective Government Authority
Who is eligible to apply?
Almost anyone can apply, with the following provisos:
  • The application fee is US$185,000 with a US$5,000 deposit fee payable upon registration, with an ongoing fee of US$6,250 per calendar quarter. 
  • The applicant is required to provide ICANN with financial and technical guarantees to warrant the provision of a gTLD.  There will be significant time, effort and resources needed in order to collect the information required to file an application.
  • ICANN will perform a background check on the applicant focusing on:
    • General Business Diligence & Company History,
    • History of “Cyber-Squatting” behaviour.
What are the benefits of applying now?
The Internet is the marketplace of the 21st Century.  As such, there are numerous business and potential marketing benefits that come with owning your own gTLD.

This includes:
  • Providing you with significant control over the gTLD and registration of domains within it, and
  • Potentially making it easier for customers to locate your business on the Internet.  For example, if your company is Australia-wide or international, then each of your office/outlet locations would be able to have its own unique addresses, for example:
    • @melbourne.herbertgeer
    • @sydney.herbertgeer
    • @brisbane.herbertgeer
Have any companies shown an interest in this?
Companies such as IBM, Deloitte, Cannon and Hitachi have all expressed an interest.

What should we do next?
If you are interested in learning more about the affects these changes might have on your organisation, please feel free to contact Dianne Beer by email at dbeer@herbertgeer.com.au

This update was produced by Herbert Geer. It is intended to provide general information in summary form on legal issues. The contents do not constitute legal advice and should not be relied upon as such.
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For further information regarding our Brand Protection Services, please contact:

Sydney
Dianne Beer
Special Counsel
Ph: 02 9239 4576

Melbourne
Paul Noonan
Partner
Ph: 03 9641 8603





 
 
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