New gTLD domains will receive enhanced trademark protection.
OrganizationICANN steps up its fightwith cybersquatting for trademark owners.
The amendments to the New gTLD Applicant Guidelines introduce a "loser pays" model.
These amendments mean that if a domain name dispute claimant files a complaint regarding more than 26 disputed domain names, the defendant will pay a penalty to the aggrieved party.
Thus, if a cybersquatter registers more than 25 domains using the trademarks of one company, then if he plans to participate in a domain dispute, he will have to pay a large fine or give up his domains.
In this way, ICANN deprives cybersquatters of the opportunity to protect their rights to domains.
Furthermore, the new gTLD applicant guide outlines mechanisms to protect the rights of trademark owners—the administrators of new domain zones. As a reminder, ICANN is currently reviewing the introduction of new top-level domain zones.
The administrator of the new domain zone will be required to provide for disputes between trademark owners in the rules of the domain zone.
This will help deter cybersquatters from registering other people's domain names. This will be achieved through the introduction of the "Trademark Owner Complaint" service. This service notifies the client that the domain name they wish to register matches a trademark listed in the Trademark Clearinghouse database. Before registration, the client will be required to confirm that it does not violate trademark law.
If such registration is carried out, the trademark owner will receive notification of the registration of such a domain and will be able to suspend the procedure for its delegation.
The "Complaint to the Trademark Owner" service will be valid for 60 days from the start of open registration.