Article · Technology

Top-Level Domains and Trademark Rights: An Overview

Type
Article
Jurisdiction
National
Date
2024-10-13
Topic
Technology

This article explains what a top-level domain (TLD) is, where it sits in the Domain Name System, and why the few characters after the final dot concentrate an outsized share of internet governance and trademark risk. It maps the categories of TLD--legacy and new generic domains, country-code domains and the repurposing problem, sponsored domains, and blockchain names that only look like TLDs--and describes ICANN's contractual hierarchy and the registry-registrar-registrant chain. It examines whether a domain name is property, why registrars are usually immune, how the GDPR darkened WHOIS and how investigators work around it, and the rights-protection mechanisms built into the new gTLD program: the Trademark Clearinghouse, Sunrise and Claims, the Uniform Rapid Suspension System, and the Trademark PDDRP. It then compares the two anti-cybersquatting remedies, the UDRP and the Anticybersquatting Consumer Protection Act at 15 U.S.C. 1125(d), and analyzes how the USPTO treats TLDs after United States Patent and Trademark Office v. Booking.com B.V. It closes with a practical playbook, worked hypotheticals, and an FAQ written for judges, practitioners, and business owners alike.

Top-Level Domains and Trademark Rights: An Overview

Technology > Internet | Published 13 October 2024 - Updated 3 March 2025 | UpLaw - uplaw.us

The most valuable real estate on the internet is often just a few characters long: the string that follows the final dot in a web address. This overview traces how that string--the top-level domain--fits into the Domain Name System, who controls it, and why so much brand strategy, internet governance, and litigation risk collect at that one point in the hierarchy.

Keywords: top-level domain, TLD, gTLD, ccTLD, ICANN, new gTLD program, Trademark Clearinghouse, Sunrise, URS, UDRP, ACPA, cybersquatting, typosquatting, WHOIS, GDPR, in rem jurisdiction, Booking.com, reverse domain name hijacking, brand protection

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