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The List of gTLD Applicants: A Breakdown

June 14, 2012 | Blog | By Geri Haight

The list of gTLD applications and applicants, disclosed by ICANN yesterday, is a fascinating read.  It provides an insight into how the Internet will be transformed (or, depending on your point of view, confused) in the coming years as new domain name extensions are introduced to consumers.
ICANN published the list of applied-for gTLD character strings today. Here is the list. Take a look to see who has applied. There are many applications for .BRANDS, like .AMERICANEXPRESS, .MACYS, and .LEGO. 
Last year, the Internet Committee for Assigned Names and Numbers (ICANN), the organization responsible for the coordination of the global Internet domain name system, announced a plan to bring sweeping changes to the Internet’s generic top level domain (gTLD) structure.

Is It Proper To Say You Google On GOOGLE®?

June 9, 2012 | Blog | By Geri Haight

Do you "google?" That is the essence of the question before the Federal District Court in Arizona in a Complaint filed on May 21, 2012 by David Elliott against Internet search engine giant Google, Inc. In Elliot v Google, Inc., CV-12-1072-PHX-MHB, Elliot claims that Google’s once distinctive mark GOOGLE® has become generic and lacks trademark significance due to its common use as a transitive verb.

ICANN's Trademark Clearinghouse: An Update

June 4, 2012 | Blog | By Geri Haight

As part of its plan to dramatically expand the Internet's infrastructure beyond .com (and other pre-existing generic top level domains (gTLDs)), ICANN, the Internet Corporation for Assigned Names and Numbers, promised brand owners that a variety of additional trademark protection mechanisms would be put in place.
As promised, ICANN reopened the TLD Application System (“TAS”) on May 22, 2012. Registered users are now able to log in and complete their applications.  ICANN has indicated that the system will remain open until 23:59 GMT/UTC on Wednesday, May 30, 2012.

gTLD Launch: An Update on the TAS Interruption

May 16, 2012 | Blog | By Jamison Arterton

As previously posted, ICANN's TLD application system ("TAS") has been plagued by a "technical glitch " that has caused the online application system for new generic top level domains (gTLDs) to be taken offline in order to protect the confidential information of the applicants. 
As ICANN struggles to get its application system back online, companies have begun lining up to make a profit off of the peculiarities of the application process itself. 
The much anticipated "Reveal Day" -- so dubbed by ICANN itself -- has now come and gone without fanfare. May 1st was to be the day when ICANN was scheduled to publish the list of all applied-for new generic top level domains (gTLDs) as part of the roll-out of the new Internet era. 

The Latest From ICANN: New gTLD Application System Shut Down

April 26, 2012 | Blog | By Jamison Arterton

ICANN has temporarily taken the TAS application system for new generic top level domains (gTLDs) offline due to a “technical glitch.”  According to ICANN, a technical problem allowed a limited number of users to view other users' file names and user names. 
On Monday, the Court of Appeals for the Fourth Circuit reversed the district court's decision ending Rosetta Stone's trademark infringement case against Google.

Viacom Lives to Fight Another Day in YouTube DMCA Suit

April 8, 2012 | Blog | By Joseph DiCioccio

The Second Circuit has vacated District Court (S.D.N.Y.) Judge Louis L. Stanton’s June 2010 dismissal of Viacom’s $1 billion copyright infringement suit against YouTube.

The Batching Games: ICANN's Plan to Process New gTLD Applications

April 5, 2012 | Blog | By Jamison Arterton

On March 29, 2012, the user registration window closed for anyone planning to apply for a new generic top level domain (gTLD).   Applicants who registered prior to March 29, 2012, however, still have until April 12, 2012 to complete their application.

Pinterest Announces Changes To Its Terms Of Service

March 26, 2012 | Blog | By Geri Haight

Pinterest, the latest social media craze, announced on Friday night in an email to users that it intended to make certain changes to its Terms Of Service. The changes will not go into effect until April 6, 2012. 
Time is running out to apply for the Internet Corporation for Assigned Names and Numbers' (ICANN) new program to dramatically expand the number of generic top-level domain names (gTLDs).
Thanks to DuetsBlog for providing an update on the EAT MOR CHIKIN v. EAT MORE KALE dispute that was the subject of our prior post. 

Rules for Use of Music at Political Campaign Events

March 1, 2012 | Blog | By Geri Haight

National Public Radio had a story yesterday on politicians' use (or misuse) of music at campaign events. It sets forth three seemingly simple rules for politicians to follow in order to avoid copyright and/or trademark based claims arising from such use:  (1) know your venue; (2) know when to ask for permission; and (3) "know when to fold'em."
ICANN has recently appointed the World Intellectual Property Organization (WIPO) to be the exclusive provider of dispute resolution services when a third party files a formal "Legal Rights Objection" or "LRO" to a pending application under the new gTLD program. 
The Wall Street Journal had a piece recently about how the recipients of trademark infringement cease and desist letters are increasingly using "online shame" to gain leverage in disputes with trademark owners. As "trademark bullying" is a hot topic among trademark lawyers and in the press, this article picks up on that theme.
The New York Times had an interesting article about the ongoing dispute between Princeton Vanguard and Frito-Lay over Princeton Vanguard's attempts to obtain a federal trademark registration for the mark PRETZEL CRISPS.
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