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Strategizing...Left and Right of the Dot
Discussion Outline




Discussion Outline


Complete Outline


I. Left of the dot

1. What is your strategy?

a) Will you or will your client take advantage of any of the new gTLDs? Explain why or why not.
b) Have you done so already? If yes, how was the process?
c) Which extensions are you registering?
d) Just your core marks?  How do you determine which marks to consider?
e) Is cost an issue before deciding?

2. For those that have participated or will participate in registering new domains in new gTLDs:

a) Will you or have you made submissions through a registrar?  In using a registrar, is this one with whom you have an established relationship or have you selected a new agent for this purpose? (i.e., GoDaddy, ENom, etc…).

3. Do you have a defensive domain strategy?

a) Have you or has your client established a defensive registration policy?
b) Do you generally reserve all exact names (with varying extensions)?
c) Do the new domains concern your business teams or your client?
a) Will you be expanding your watch service to cover new domains?

4. Sunrise Periods

a) Have you attempted to obtain gTLDs for you or your client during any Sunrise and were shut out?  Tell us about your experience.
b) If you had a conflict during a Sunrise was resolved; what was the procedure?
c) Have you attempted to reserve a gTLD during the Early Access Program (EAP)?

5.  There have been more than 3 million gTLD registrations.  Are you searching or considering the new gTLDs when clearing new trademarks.

a) Do you generally take gTLD’s into consideration when clearing a new mark for use?
b) Have you considered this new risk?
c) Did you previously consider gTLDs part of the trademark clearing process? Why or why not?
d) Which extensions do you consider in your search, and why?
 
6. Clearinghouse

a) Have you registered with the clearing house? If yes, all brands, or only some?
b) 1 year, 3 year, 5 year? Renewals?  Do you have the renewals on auto renew?  Are you docketing your renewals?
c) Did you utilize an agent to record marks with the Clearinghouse or did you file?
d) How did you decide what to register or how did you decide how to advice clients?
e) If already registered has the clearinghouse proven to be effective?
f) If you have not utilized the clearing house or advised your clients to do so, any particular reason?
g) What is your experience with claims notices?  Do you see value?

7. Enforcement/Cybersquatting

a) How do you regularly handle enforcement with Rogue sites?
b) Have you filed UDRP proceeding?  If so tell us about your decision for filing.
c) ICANN has adopted a number of new rights protection mechanisms, have you made use of any of the new programs i.e.:
I. URS Uniform Rapid Suspension
II. PDDRP (Post-Delegation Dispute Resolution Procedure)
III. RRDRP (Registry Restriction Dispute Resolution Procedure).

II. Looking to the right of the dot

1. Block -  The Domains Protected Marks List (DPML)* was first introduced to allow rights protection for brand holders in the new gTLD world.  Brand owners may submit (or must have already submitted) an exact match of their mark to DPML. Once a term is accepted to DPML, that term is blocked from registration for all RightSide TLDs for up to 10 years.

a) Are you familiar with the block services - DPML (Domain Protected Marks List)? 
b) Did you or your client subscribe to a block service?
c) Do any famous marks or brands come to mind that may have reserved this?

2. In thinking back to the XXX launch this created some “panic” among brand owners; do you anticipate any of the new TLDs posing a direct threat to your industry or your client’s industry?  (i.e., beauty, .plumbing, .lawyer, .actor, etc…).

a) What do you consider to be the level of threat in your market?
b) Have you or has your client considered brand dilution?
c) Do you consider any to be a general threat for all brand owners?

3. Country Codes and city domains

a) A Geo TLD has been described as one using the name of or invoking an association with a geographical, geopolitical, ethnic, linguistic or cultural community.  Various “Geo” TLDs have been approved.  Will you or your clients be participating in the “geo” domains?  i.e.,  yourbrand.London, yourbrand.NYC, yourbrand.Berlin, etc…
b) Which ones are you considering? 
c) What is the basis for your decision?

III. Further Conversation

1. Do you think the changes in ICANN oversight will affect how ICANN functions?

2. Since the change was announced have you seen any difference?