The impending expansion of the Internet name space through the introduction of new gTLDs is unprecedented. (gTLDs are to the right of the dot in .com, .org, .mobi, and .asia, for example.) Later this year, it will be possible to apply for a new gTLD. New gTLDs will dramatically increase the opportunities for commerce and community and will impose unparalleled brand protection challenges as they create a larger environment for online fraud and abuse. The expansion of gTLDs has numerous legal and business implications. To address those implications, we have assembled a global, multi-disciplinary team of lawyers from across our offices including experts in antitrust, corporate structuring, insurance, liability and litigation, privacy and data security, tax and transfer pricing, technology licensing, and trademark protection.
A significant differentiator of Covington’s practice over our peer firms is that our practice is headed by the only US outside counsel with five years of service on the GNSO Council, which develops and recommends to the ICANN Board of Directors policies relating to gTLDs. Our practice lead represented the Intellectual Property Constituency on ICANN’s GNSO Council for the past five years, and has drafted the policy recommendations that now guide the introduction of new gTLDs. Our practice has been extensively involved in revisions to the New gTLD Applicant Guidebook that sets forth the application and evaluation process. We have also championed the interests of intellectual property owners throughout the new gTLD process. Our practice lead also played a leading role in the creation (and was a member) of the ICANN Implementation Recommendation Team, the 18-person global team of trademark experts who designed and recommended trademark protections for the introduction of new gTLDs.
We recognize that applying for – and operating – a new gTLD is a significant endeavor with far reaching ramifications. Covington’s global, multi-disciplinary team is in a unique position to advice and guide clients through this game-changing development.
Covington can assist clients with:
- Assessing the viability of and potential obstacles to a successful new gTLD string and developing an application strategy.
- Structuring and siting a new gTLD applicant entity.
- Negotiating technology licenses and insurance coverage that may be necessary for a new gTLD registry operator.
- Preparing and filing a new gTLD application, including the development and drafting of registration, use, privacy, and security policies.
- Monitoring third-party applications for new gTLD strings.
- Preparing objections to third-party new gTLD applications and defending against third-party objections to your new gTLD application.
- Advising on the execution of the ICANN contract and assisting with post-delegation, pre-launch activities.
- Representing your interests as a new gTLD registry operator in ICANN policy development.
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