While companies have traditionally been limited to Internet extensions such as .com, .net or .org, the international body responsible for regulating the Internet, ICANN, is now allowing entities to operate generic top-level domains (gTLD) of their own choosing. ICANN received nearly 2,000 applications for the new domains, and projects that more than 1,000 will be approved.
While new gTLDs offer a great opportunity for New York and New Jersey businesses to further market their brands, they may also lead to a dramatic increase in cybersquatters, entities that seek to turn profits by hijacking the trademarks and domain names of well-known companies. Thankfully, there are at least two preemptive steps that businesses can take now.
First, businesses should register all of their trademarks with ICANN’s Trademark Clearinghouse (TMCH), the new trademark database and alert system created to monitor the new gTLDs. The cost per mark is $150.
Once you register, your company will receive two important benefits. Under the “sunrise period” for new gTLDs, trademark owners are given the first opportunity to register one of the new domains using their marks. You will also be alerted if a third party registers a new gTLD for an identical trademark within a 60-day Trademark Claims period following the 30-day Sunrise Registration.
It is important to note that the TMCH can only protect against domain names that match your trademark exactly, i.e., it does not cover misspellings or variations of your mark. Therefore, companies should also consider expanding their surveillance for copycat websites.
Second, if your budget allows, businesses may also want to consider “defensive” registrations. Registering several new gTLDs can become expensive, particularly if you don’t plan to actually use them, but it is the best way to help ensure that another company does not capitalize on your trademark.
Since the rollout of the new gTLDs is staggered, businesses will need to monitor release dates carefully. As soon as the 30-day Sunrise Registration opens, you should be prepared to file your application.
If you have any questions about the new gTLDs or would like to discuss your company’s trademark strategy, please contact me, Fernando M. Pinguelo, or the Scarinci Hollenbeck attorney with whom you work.
Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Understanding Chattel Paper: A Key Component in Secured Transactions
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Supreme Court and Title VII: Implications for Reverse Discrimination
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Short Form Merger: Streamlining the Process for Businesses
Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
