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ICANN's Trademark Clearinghouse Sees Slow Initial Take-up
Later this year, the Internet is set to undergo a series of new and drastic changes with the first rollout of hundreds of new generic Top Level Domains (gTLDs), otherwise known as the right-most label in a domain name (e.g., .org, .info and .edu). (ICANN has yet to confirm when new TLDs will go live, although the final “pre-designation” testing is underway (see, ICANN “New gTLD Programme Update,” Sept. 19, 2013), and the industry believes it will be in the next couple months.) Examples of potential new gTLDs include brand-specific, geographic and even foreign script domains such as .google, .washington and even .music. Ahead of these official updates to the Internet, new data reveals that the Internet Corporation for Assigned Names and Numbers' (ICANN) Trademark Clearinghouse (TMCH), the central database of validated trademarks that helps defend brand owners against cyber-squatting or other types of trademark infringement, has received more than 10,000 applications from mark owners wishing to protect themselves ahead of the domain name expansion. Despite this number, there is still a significant lack of participation from many top businesses that have yet to register and, as a result, are at greater risk of intellectual property infringement and potentially putting consumers at risk as well.
The TMCH offers two unique and distinct protective services for those who record their trademarks:
- The Sunrise Period. Before the open launch of any new gTLD to the general public, a Sunrise Period will take place that enables trademark holders to secure domain names identical to their marks ahead of wider availability. Any business wishing to secure a domain name associated with their trademarks during this period must have submitted the relevant marks into the TMCH. Additionally, since the TMCH reviews marks from all jurisdictions according to the same requirements, use of the TMCH provides a consistent basis for accepting Sunrise registrations. It is important to note that new gTLD registries also have the ability to establish additional registration criteria, and may offer additional limited registration periods after the Sunrise Period to establish additional opportunities or protections.
- The Trademark Claims System. The second key benefit of a record in the TMCH is notification alerts via the Trademark Claims System. For a period of at least 90 days after each new Web extension launches, trademark holders will receive a warning if someone else registers a domain name that matches their mark or marks. This warning allows trademark holders the chance to promptly deal with any trademark infringement.
Brand owners that are particularly interested in taking advantage of registrations during Sunrise Periods are strongly encouraged to partake in early submissions, as delays could lead to the inability to register a domain name. Additionally, opting to wait may leave trademarks open to a window of vulnerability as it can take up to 30 days for submissions to be processed. The Early Bird system operated by the TMCH allows trademark owners or their agents to register ahead of time while their subscription fee only starts when the first domain is launched.
Pharmaceutical and Clothing Counterfeit-Prone
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?