Generic Top Level Domains
The following seven generic top level domains ("TLDs") have, or may shortly become, available for reservation and use:
.aero ("dot-aero")
.coop ("dot-coop")
.museum ("dot-museum")
.biz ("dot-biz")
.info ("dot-info")
.name ("dot-name")
.pro ("dot-pro")
The Internet Corporation for Assigned Names and Numbers ("ICANN") is completing arrangements with those who will administer the new TLDs. Those interested in reserving domain names under these TLDs should note their special requirements.
Trademarks and Service Marks
While ICANN finalizes technical and policy arrangements for the seven new TLDs, owners of trademarks and service marks who wish to claim intellectual property rights in specific domain names should take advantage of special procedures designed to discourage cybersquatting and infringement. Some of the special procedures trademark owners should utilize to secure their interests in particular domain names follow.
In the "sponsored" TLD domain name space, the registry operators will restrict use to reduce the possibility of conflict between trademark owners and those who reserve domain names. In the event of a conflict, claimants may, if they meet the requirements of ICANN's Uniform Dispute Resolution Policy ("UDRP"), utilize that policy as an alternative to litigation.
Sponsored TLDs: DOT-AERO, DOT-COOP, and DOT-MUSEUM
The sponsors of the dot-aero, dot-coop, and dot-museum TLDs will restrict use to members of the air transport industry, co-operative businesses, and qualified museums. In the event of a conflict, parties may take advantage of the UDRP.
Unsponsored TLDs: DOT-BIZ, DOT-INFO, DOT-NAME, and DOT-PRO
The "unsponsored" TLDs contain special procedures designed to favor trademark owners. Some of these procedures provide preferential treatment to trademark owners by allowing them to pre-register domain names containing their registered trademarks or service marks during a "Sunrise Period" (pre-registration period). Other procedures provide for notification to trademark owners when others attempt to register a domain name containing a mark claimed by such owners. Trademark owners may wish to monitor the TLD registration process closely, as the procedures governing these domain names contain critical dates.
The procedures for dot-biz TLDs allows trademark owners who use, or intend to use, their name as a domain name for a "bona fide business or commercial use" an opportunity to claim intellectual property rights in specified domain names. This opportunity is available to owners of both common law and registered Marks.
The registry of dot-biz domain names has explicitly excluded from the definition of "bona fide business or commercial purpose" use of the specified domain name exclusively for personal, noncommercial purposes, such as locating a family webpage. The registry has also exluded from that definition use of the specified domain name exclusively for the expression of noncommercial ideas, such as use for web pages promoting political ideas. Domain name speculation also is explicitly excluded from the definition of "bona fide business or commercial use."
The registry will not monitor applications or registrations for compliance with these restrictions. Uses of dot-biz domain names that are not for a "bona fide business or commercial purpose" are, however, subject to a mandatory administrative proceeding, similar to the UDRP, known as the Restrictions Dispute Resolution Policy ("RDRP").
All applications for dot-biz domain name reservations received by ICANN-Accredited Registrars between June 25 and September 17, 2001 will be grouped and processed randomly during a "Land Rush" period. With multiple requests for the same dot-biz domain name during the "Land Rush" period (from September 26 through September 30, 2001), such name was randomly allocated on October 1, 2001. Dot-biz domain name applications filed after September 17, 2001 will be processed on a first-come, first-served basis.
The procedure for dot-info TLDs allow trademark and service mark owners to pre-reserve domain names which are identical to the textual elements of their marks. This pre-reservation, or "Sunrise Registration" period, is only available to holders (i.e., record owners) of current and enforceable trademarks (or service mark) national registrations issued prior to October 2, 2000.
Afilias (the registry operator for dot-info domain names) will accept reservation requests for a particular dot-info domain name from trademark owners during the "Sunrise Registration" period. In addition to all other information required of all applicants), registered trademark owners must submit:
"Sunrise Registrations" will only be accepted for terms of at least five years, and only after the registration fee is paid. If two registered trademark owners submit requests for the same domain name, the first request to be processed during the "Sunrise Registration" period will be awarded the specified domain name.
During the 120 days after August 28, 2001, third parties could challenge a Sunrise Period registration (for a fee of $250.00) if the registrant fails to meet any of the requirements set forth above. After this period, those wishing to challenge a "Sunrise Registration" must utilize ICANN's UDRP or a court of competent jurisdiction.
Reservation of names under the dot-name TLD will be open only to individuals with a bona fide interest in reserving a name for personal use. During a pre-registration period, others who may have an interest in a domain name may submit their registered trademarks for inclusion on a master list. If a domain name containing the submitted mark is selected during the pre-reservation period, a dot-name registrar will notify the holder of the registration of the potential conflict. The pre-reservation period has not yet been set.
Reservation of names under the dot-pro TLD will be open only to licensed professionals in law, medicine, and accounting. Trademark owners may pre-reserve domain names during a "Sunrise Registration" period, which period has not yet been set.
Conclusion
While ICANN is still completing arrangements with many of the select registrars who will maintain the unsponsored TLDs, proposed agreements with the registrars for the dot-biz and dot-info TLDs are now completed, or near completion. These proposed agreements, which must be approved by the U.S. Department of Commerce before final implementation, contain the particular procedures trademark owners must follow to preserve their intellectual property rights in trademarks contained in dot-biz and dot-info domain names.