.Music Initiative States It Will Use Trademarks to Block Competitors
Trademark fight over fresh TLDs continues to brew.
I’ve written numerous times regarding fresh TLD applicants filing trademark applications for TLDs in an attempt to get a leg up on getting approval for their TLD application and fighting off competitors.
In general, you can’t trademark a top level domain in the U.S. But other countries allow it. And Constantine Roussos, who wants to apply for .music, states he will use his 20 trademarks to block potential competitors. In a comment on ICANN’s web site, Roussos writes:
Rest assured that if we, as .MUSIC are faced with the possibility of being gamed and abused in a manner that we find illegal, we will use our trademarks and other means necessary to do what we have to do to protect ourselves and our respective community. While trademarks alone ought to not be the sole determinant of earning a TLD, it is the only means we have of protection, since ICANN has not incorporated any mechanisms to prevent TLD applicant abuse, gaming and unfair piggybacking from other initiatives.
Based on Roussos’ previous and current comments regarding wanting extra credit for participating in the fresh TLD process for so long, this seems to indicate that “gaming” would merely be someone else trying to apply for .music.
Minds + Machines is leading the charge to have trademarks not be considered in the application process. Interestingly, the firm’s parent Top Level Domain Holdings has filed numerous trademarks for fresh TLDs, but states it is doing so for defensive purposes. When one trademark registrant for .eco threatened it, the firm filed for cancellation of the registrant’s mark, stating that a TLD can’t be trademarked, even though it has a number of pending.
ICANN doesn’t control international trademark law. What ICANN can do is not award extra points for trademarks. In fact, ICANN could penalize firms that file trademarks for a fresh TLD prior to applying (or at any time thereafter) in an effort to discourage the practice.
One of the rules for all applicants ought to be that they don’t try to file a trademark on a TLD following being awarded a TLD. Following all, ICANN can revoke the registry contract in the future for violations, and they could face lawsuits from a former registry that claims trademark rights.
