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.
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy
A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders
Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Navigating Disputes: Hire a Partnership Dispute Lawyer
A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know
When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Zoning Laws Explained: What You Need to Know Before Buying Property
Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future
For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
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!
