2014 will see the introduction of hundreds of new top level domains.  The popularity of these new top level domains won’t be apparent on release, but should be carefully followed.  Popularity may depend on how closely the business aligns with the descriptive domain.  Among the new domains of particular interest are: .email, .clothing, email, .graphics, .careers, .club, .uno, .ventures, .singles, .bike, .holdings, .plumbing, .guru, and .clothing.

Since registration of the new domains will be made on a first-come-first-serve basis, businesses should keep a watchful eye on the developments and ensure their brands are protected as the new domains are introduced.  Protection of your brand during this expansion will require prior registration on  the Trademark Clearing House’s ‘Domains Protected Marks List’.  Once your trademark is registered any subsequent applications to register domains that are identical or that contain the trademark will not be registered.

Cybersquatting has increased in frequency and breadth, costing businesses thousands of dollars every year.  Once a domain has been recovered from a cybersquatter, the business must pay the domain in perpetuity in order to keep the domain out of the hands others, even if there is no intention to use it.  The introduction of these new top level domains brings a renewed excitement around brands that can use them memorably, but also threatens more profound abuse, including phishing, trademark and copyright infringement, and counterfeit sales.

Consider stepping up trademark enforcement and monitoring.  Respond quickly to potential abuses and develop a “watch” program.  If you need assistance contact us.