ICANN's Trademark Clearinghouse Launching Today 49
itwbennett writes "If you want to protect your brand before ICANN rolls out the new gTLDs (generic top-level domains), here's your chance. The clearinghouse will allow trademark owners to register their marks for an annual fee of between $95 and $150. The clearinghouse 'doesn't necessarily prevent trademark infringement or cybersquatting, but it does help trademark owners and brand owners somewhat in mitigating the damage that might occur,' said Keith Kupferschmid, general counsel and vice president of IP policy and enforcement for the Software and Information Industry Association (SIIA). 'We've been telling brand owners it's not that expensive to protect themselves and they ought to do it.'"
All of the new TLD registrars will be required to check the trademark clearinghouse before issuing domains, preemptively squashing trademark disputes.
Money (Score:5, Insightful)
scam (Score:5, Insightful)
Seriously? This is so close to various scams that you need a microscope to spot the difference.
Not to mention that it borders on a protection racket. "Nice trademark you have there. Would be a shame if anything happened to it..."
ICANN needs to be replaced.
Re:A not-so-subtle scam, you say? WHY!? I NEVER! (Score:4, Insightful)
To be fair, how could anything based on their own gTLD scam NOT be a scam?
Seriously; who really needs the new gTLD's? Was it supposed to expand the number of available domain names? If so, why would this clearinghouse exist at all?
Re: Who gets .apple? (Score:5, Insightful)
they'll notify you when someone is going to buy a domain that uses your trademark on one of these new vanity gTLDs and you'll have the chance to contest the purchase (ie, buy it yourself) or give up all future claims.
Yes, but you (owner of the trademark) still have to do the work. What they (ICANN) do is to watch if anyone else is going to buy similar domain to your trademark which is somewhat an extension to what they are doing. The trademark owner really has to do the work to stop/deter the purchase (owner of the intellectual property must enforce his/her own IP).
Also even though someone else has bought a domain name with your trademark and used it to make money, you could still sue for damages (if there is any) without needing to know it in advance. One problem I am seeing is that how would one determine whether the domain name bought by someone else is violating your trademark. From the USPTO ( http://www.uspto.gov/faq/trademarks.jsp [uspto.gov] ), you may challenge those who use your trademark in the country where your trademark has been registered. If someone registered the domain name in a country where your trademark has not been registered but sells products (online) in the country your trade mark is registered, what can you do? I am not so sure you can really stop the domain name purchase this way...
In other words, they just want free money every year with their little afford to do the work for you. Is it really worth it?