The Internet Corporation for Assigned Names and Numbers (ICANN) is presently handling a very crucial development in the field of domain registrations. Till now various stakeholders are well aware that ICANN’s new generic top level domain names (new GTLDs) registration has begun. In fact, as per media reports, more than 100 applicants have already applied for new GTLDs to ICANN.There would be many more applicants that would apply to ICANN in this regard. However, before applying the applicants must undertake a risks and benefits analysis of ICANN’s new GTLDs registrations. This is more so for small companies and organisations that may find it troublesome if the US $ 1, 85,000 application money is lost due to defective, premature or haste filing of an application.
Thus, not only a risk and benefit analysis is required but the new GTLD applicants must undertake due diligence before applying as well. The applicants must analyse the benefits of investing huge amount in getting a GTLD and how far they can commercialise it. A cost benefit analysis must be preformed beforehand that may justify the capital investment in new GTLDs.
However, of all the homework, the most important one is to make a proper application as an improper application may result in its rejection and wasting of large amount of money. Further, improper application, without background research and due diligence, can also result in subsequent filing of legal objections by other individuals and organisations claiming violation of various rights and intellectual property rights (IPRs), including trademark infringements.
The applicants must make a techno legal analysis, new GTLDs due diligence, anticipate possible legal rights objections under ICANN's new GTLD program, etc. The legal issues of new GTLDs application, their registration and subsequent litigations would surface and a sound strategy in this regard can help in minimising the legal risks associated with the same.
