TLDs & Domain Names
The development and growth of the Internet have substantially affected the way most companies around the world do business. As the evolution of business practices - and the Internet itself - continues unabated, Crowell & Moring LLP can help you to stay well ahead of the competition.
The New gTLD Program
The Internet naming system will soon undergo profound change. In 2011, the Internet Corporation for Assigned Names and Numbers (ICANN) intends to liberalize the Internet’s current naming hierarchy, by enabling a large number of generic top-level domains (gTLDs) to be added to the existing domain name system under a newly-launched global initiative called the "New gTLD Program." These new gTLDs will be in addition to those with which we are all familiar, such as .com, .info, .org, .gov, as well as country code Top-Level Domains such as .us, .fr, .uk, and .be. In doing so, ICANN will make it possible for governments, organizations and commercial entities to obtain their own TLDs, as shown in the following examples:
A city:
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.london, .nyc, .paris, etc.
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A corporation (brand TLDs):
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.opticalcorp, .deloitte, etc. |
| An industry: |
.hotel, .music, .bank, .pharma,
.electronics, etc.
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A language-based community:
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.arab |
A "true" gTLD:
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.shop, .web, etc.
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Deciding whether to apply for a gTLD without conducting a proper feasibility assessment is risky, indeed. Such an assessment should consider the strategic, economic, operational, and technical costs and benefits of operating a TLD for the company. Crowell counsels its clients to avoid relying solely on the materials published by ICANN in making an assessment as to whether or not to apply for a gTLD. The Applicant Guidebook is merely a resource for drafting an application. It is not a guide on how to manage a domain name registry, let alone on how companies and organizations can make most effective use of a new TLD.
Although the technical aspects of managing a TLD are important to ICANN, they are only one of many aspects to be considered by an applicant, and not the first priority. Organizations would be wise to start their gTLD analysis by considering both the nature of the gTLD they are evaluating and its intended use before turning to a consideration of which back-end registry operators and registrars might best serve their particular interests.
Crowell & Moring stands ready to assist brand owners, domain name registrars, registries and technical operators worldwide in their efforts to prepare for and secure gTLDs. We are engaged in counseling, transactional, and contracting work on intellectual property, privacy, and liability issues as clients develop and evolve their Internet business methods, and can handle all aspects of litigation related to new gTLD applications and international matters.
Service Offerings
Crowell & Moring LLP is pleased to offer three levels of fixed-fee services for brand owners with an interest in ICANN’s New gTLD Program. Our services include:
Strategy Meeting – Considering Options
We will lead a one-day meeting to present and discuss an overview of the ICANN process, the application, the evaluation stage, dispute resolution procedures, the potential benefits and downsides of a brand-TLD, the importance of considering a defensive approach, and the client's specific situation and strategic objectives. Following the meeting, the client will receive a brief report of the items that have been discussed, a high-level strategy outline, and a proposed way forward, whether pro-active or defensive.
We can offer the Strategy Meeting for a fixed fee, which may be partially recouped in the form of credits against the fees for the completion of a Feasibility Study or the completion of a Full Program, as described below.
Feasibility Study – Developing a Plan
We will work with representatives of the client to identify the client’s plans regarding the possible filing of one or more TLD applications, the actions the client must take in order to achieve its plan, and the costs of doing so. The process will begin with a kick-off meeting, which will last more than one day, involving discussion of the benefits and risks of various options and interactive sessions with key marketing, IT, legal, and strategic planning personnel. We will jointly develop an analysis of a brand-TLD plan, including alternatives for managing the TLD registry and technical, operational, and financial requirements that need to be met in order to put the plan into practice. We will meet with the project team to fine-tune the analysis and recommendations, prepare a written Feasibility Study, and discuss the analysis with senior management.
If the client has previously engaged us for the Strategy Meeting, the fixed fee for a Feasibility Study will be reduced.
Full Program – Preparing to File
Building on our work in developing the Feasibility Study, we will develop a business plan, containing all technical, operational and financial elements that are required in order to set up, launch, and manage a brand-TLD. Additional third-party expert resources will be needed for each of these three separate work-streams.
We will meet with the company's representatives and third parties who will play a role in the set-up, launch and management of the brand-TLD, including back-end registry operation, software development, security, administration, domain name registration, and other tasks. We can assist in vendor selection and in drafting and negotiating agreements with third party vendors. We will help develop domain name registration policies and procedures, and help collect key information and develop detailed answers to the questions required for an ICANN application. We will discuss and finalize the business plan with key client personnel.