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.music, .tickets and .movies – Will New Top-Level Internet Domains Generate More Reward or More Litigation for Entertainment Industry Stakeholders?
 

.music, .tickets and .movies – Will New Top-Level Internet Domains Generate More Reward or More Litigation for Entertainment Industry Stakeholders?

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  • Yesterday, ICANN announced the final contention sets - 754 applications are contested – meaning that there were at least 2 applications for 230 of the gtld strings. No plurals are contested – so in ICANN’s view, .movie can co-exist with .movies.
  • Note that .music LLC’s community application is backed by industry, including ASCAP, RIAA, etc. Alot of controversy over this. Its .music would be restricted, along the same lines as gTLDs such a .pro, to card-carrying members of what the company calls “accredited Global Music Community Members”. You’d have to join an organization to register a domain – e.g. amateur bands would have to be members of an accredited songwriters association to get a .music address. In addition, the content of .music web sites would be policed in a similar way to .xxx or .cat, with regular spidering to ensure the content does not break the rules.

.music, .tickets and .movies – Will New Top-Level Internet Domains Generate More Reward or More Litigation for Entertainment Industry Stakeholders? .music, .tickets and .movies – Will New Top-Level Internet Domains Generate More Reward or More Litigation for Entertainment Industry Stakeholders? Presentation Transcript

  • .MUSIC, .TICKETS AND .MOVIESWILL NEW TOP-LEVEL INTERNET DOMAINS GENERATE MORE REWARD OR MORE LITIGATION FOR ENTERTAINMENT INDUSTRY STAKEHOLDERS? PANELISTS: ELEANOR LACKMAN COWAN DEBAETS ABRAHAMS & SHEPPARD LLP MARTIN SCHWIMMER LEASON ELLIS MODERATOR: JENNIFER ELGIN WILEY REIN LLP
  • NEW TLD LANDSCAPE 1930 APPLICATIONS (1409 UNIQUE STRINGS) 1179 UNCONTESTED; 230 EXACT MATCH CONTENTION SETS; 754 TOTAL APPLICATIONS IN CONTENTION Community- Generics .Brand Geographical Based (66 – 3%) (1144 –(652 – 34%) (84 – 4%) 59%) .app (13) .apple .audio .radio .nyc .book (9) .beats .broadway (3) .game(s) (8) .hiphop .blockbuster .movie (8) .music (2) .berlin .music (8) .hbo .play (3) .radio (4) .song .kindle .theater (3) .shop .tokyo .tickets (4) .netflix .tunes .video (4)
  • SECTORS OF APPLICATIONS Retail, 35 Technology, 77Services, 46Online, 49 Media, 72 Manufacturing 56
  • SIMILAR STRINGS? YES NO.law and .law .law and .lawyer (.esq and .attorney) .hotel and .hoteis .hotel and .hotels
  • COMPARISON OF OPEN V. CLOSED.VIDEO OPEN OR CLOSED?Amazon ClosedUniregistry OpenTop Level Domain Holdings OpenLone Tigers (Donuts) Open.TUBE OPEN OR CLOSED?Boss Castle (Donuts) OpenGoogle ClosedLatin American Telecom OpenApplication status page: http://newgtlds.icann.org/en/applicants/corner
  • .MUSICPrioritizatio Locatio Communit Open or n Number String Applicant n y App? Closed? Entertainment Names749 MUSIC VG - Inc. Charleston Road1907 MUSIC US - Registry Inc. (Google)1634 MUSIC Victor Cross US -838 MUSIC Amazon EU S.à r.l. LU -1830 MUSIC dot Music Limited GI - DotMusic / CGR E-448 MUSIC CY Yes Commerce Ltd450 MUSIC DotMusic Inc. AE -1557 MUSIC .music LLC US Yes
  • Enforcement Strategies: Preventative MeasuresTrademark Clearinghouse (“TMCH”) • Accepting trademark recordations starting on March 26, 2013 – identical only • Prerequisite for Trademark Claims service and Sunrise service • Marks must be: (i) nationally or regionally (multi- nationally) registered; (ii) court-validated; or (iii) protected by statute/treaty • $150 per mark per year
  • Enforcement Strategies: Preventative MeasuresTrademark Claims Service (“TCS”) • Notice mechanism – notifies potential registrant and, if registered, owner • In place for only 60 days after a new gTLD launch (registry has option to extend)Sunrise Service • 30-day period of priority registration for owners of marks in TMCH • Proof of use will be verifiedMonitoring • Continue monitoring new gTLD registrations based on selected parameters
  • Enforcement Strategies: Direct TargetingCourt litigation (ACPA, Lanham Act, etc.) • Generally most expensive • Injunctive and money damages (incl. fees) availableUniform Domain Name Dispute Resolution Policy (UDRP) • Faster than court litigation • Only remedy is transfer (no $ or injunction)
  • Enforcement Strategies: Direct TargetingUniform Rapid Suspension System (URS) • Promises lower fees, faster results – NAF just announced as provider • Higher burden of proof than UDRP • Freeze for rest of registration period, not transferPost-Delegation and Registry Restrictions Dispute Resolution Procedures (PDDRP/RRDRP) • Used against registries that abuse trademarks, violate other ICANN policies