Trademarks and Brands

Corsearch New gTLD Update: .DE and .UK

by T+B BLOG TEAM on Thursday, 31 May, 2018

This update includes news about the .DE and .UK registries.

.DE elimination of the local administrative contact requirement

The .DE registry, DENIC, updated its domain policy on May 25, 2018, eliminating the requirement for a local administrative contact in Germany. Prior to May 25, companies located outside Germany had to provide a local administrative contact. Under the new rules, a local contact will only be required for a legal case, when a holder not based in Germany will have to appoint a person in Germany.

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Topics: nGTLDs, domains

Reporting the latest - ICANN’s Temporary Specification

by Diane Plaut and Brian Conchuratt on Friday, 18 May, 2018

Yesterday the ICANN Board adopted a Temporary Specification for GDPR compliance, pursuant to the procedure under ICANN’s Registry Agreements and Registrar Accreditation Agreement. The action puts into place a policy process to consider the development and adoption of a consensus policy to be conducted within the maximum of a one-year time frame allowed for a Temporary Specification (renewable by the Board at 90-day intervals for up to a year).

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Topics: ICANN, domains, WHOIS, GDPR

French Ex-Pat Who Lost Rights to France.com Files Lawsuit

by T+B BLOG TEAM on Friday, 18 May, 2018

In an attempt to get the rights to the France.com domain back, Jean-Noël Frydman is suing the French Republic, Atout France (a government tourism agency), the French Ministry of Foreign Affairs, the French Minister for Europe and Foreign Affairs, and VeriSign. Frydman's lawsuit accuses France of cybersquatting and "reverse domain-name hijacking," and more.

French-born Frydman claims the French Ministry of Foreign Affairs illegally seized the France.com domain that had been under his ownership since he purchased it from Network Solutions, LLC in 1994. He says he set up the website in 1995 as a "digital kiosk" about France and "included information about French culture, the Francophile community and a small section on tourism to France."

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Topics: domains, domain management

Corsearch New gTLD Update: .招聘, .Place, .GAL, .MOE, .LONDON, and More

by T+B BLOG TEAM on Monday, 30 April, 2018

This update includes news about .招聘, .Place, .GAL, .MOE, .LONDON, .TRAVEL, .BOATS,.YACHTS, .HOMES, .MOTORCYCLES, and .AUTOS.

Launch of .招聘(recruitment / xn–otu796d)
Registry operator Dot Trademark TLD Holding Company Limited announced the launch of its latest new gTLD, .招聘(Chinese for recruitment). The launch will start with a Sunrise Phase from May 21, 2018 toJune 20, 2018. This is a restricted TLD and registrations of domain names will be open to any individual or organization with interests towards employment, recruitment, or human resources-related industries. Further announcements with dates will follow. 

.PLACE changes to registrant eligibility
Registry operator Donuts Inc. announced it is implementing eligibility requirements for all new .PLACE registrations. These eligibility requirements will include a geospatial validation component, on which more information will follow. Note that these changes will not affect .PLACE domains registered before May 18, 2018, which will renew at current prices, and will not be subject to the new eligibility requirements.

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Topics: nGTLDs, domains

Booking.com: The Potential Paved Road to Protecting Highly Descriptive and Generic Terms Combined with Top-Level Domain Extensions

by Lee J. Eulgen and Bari L. Nathan, Guest Bloggers on Tuesday, 20 March, 2018

A word or logo can only function as a trademark if it is distinctive (i.e., capable of identifying and distinguishing the goods and services with which it is used from others’ goods and services) and, as most readers of this blog will readily recognize, a trademark’s distinctiveness ranges along a spectrum, sometimes called a hierarchy of marks. In order from least distinctive to most distinctive, the categories of distinctiveness are: generic, descriptive, suggestive, arbitrary, and fanciful. 

Marks that are suggestive, arbitrary, or fanciful are deemed sufficiently distinct to automatically function as trademarks. Descriptive marks, on the other hand, are not considered inherently distinctive, and can only function as a trademark if they have obtained secondary meaning (also known as acquired distinctiveness) in the minds of consumers. Generic terms are common identifiers for a type or category of product or service (e.g., “E-MAIL” used to identify an e-mail service, or “FITNESS CENTER” used to identify fitness centers or gyms) and, as such, the law does not allow these types of terms to be protected as proprietary to one party and registered as trademarks. This treatment of generic terms is based on the principle that people and companies deserve the right to accurately identify and describe their products and services, and granting a single party an exclusive right to a generic term would unfairly impede competition. 

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Topics: domains, trademark

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