The next generation of top level domain names ("TLD's") .biz and .info, will soon be available for registration alongside the existing TDL's .com, .org and .edu.

The .biz domain names will be administered by NeuLevel (http://www.neulevel.com) and the .info domain names will be administered by Afilias, a consortium of 18 registries (http://www.afilias.com). The .biz and .info domains are part of seven new domains approved by ICANN (the organisation responsible for accrediting domain name registries) including .areo (for aeronautical organisations) .coop, .museum, .name and .pro (for professional organisation). ICANN is expected to announce accreditation agreements with registries for the remaining five names shortly.

.info domains will be unrestricted, open to any business or for any purpose while .biz domains will be a restricted to operators with a commercial or business purposes only.

To accommodate the rush for .biz and .info domain names, NeuLevel and Afilias have each implemented a 3-step registration approach, designed to eliminate the unfairness of domain names allocated on a first in, first served basis. The 3-step approach is intended to give all applicants an equal opportunity to secure a particular domain name, regardless of where and when their application was filed. The process is also designed to discourage potential cybersquatters from grabbing domain names with the intention of re-selling them to trade mark holders.

Registration of .biz Domain Names

(a) Pre- Registration

The initial phase for implementing .biz domain names began on 21 May 2001 and will run through until 9 July 2001. During this stage, owners of registered or common law trade marks may submit an application to NeuLevel giving details of their trade marks and the rights on which their claim is based. The Intellectual Property Claim system (IP Claim) is designed to minimise the incidence cybersquatting or trade mark infringement disputes and will assist trade mark owners with the protection of their valuable intellectual property, during the launch of the .biz registry. While the filing of an IP Claims will put potential domain name applicants on notice of the proprietary rights that may exist in a particular name, it will not guarantee that the claimant will be allocated a specific domain name. However, if a dispute arises regarding the allocation of a particular name, only IP claimants will be able to oppose the allocation of a domain name once the registration procedure commences.

(b) Application Process

Applications for .biz domain names will be accepted between 10 July and 25 September 2001. If an application for a domain name is an exact alphanumeric match for a trade mark that is the subject of an IP Claim, the domain name applicant will be notified of the IP Claim and can elect whether to proceed with registration. If the registrant wishes to proceed, the trade mark owner will then be given a period of time with which to challenge the domain name registration through an administrative dispute resolution process.

(c) Operation

On 1 October 2001, .biz domain names that are awarded will become operational and all domain name applications filed after this date will no longer be checked against the IP Claim Service database. All subsequent applications will be awarded on a first in, first served basis.

Registration of .info Domain Name

(a) Pre- Registration

The .info pre-registration implementation process is likely to begin in late June and will run through until late July. During this time, Afilias will be operating a "sunrise period" giving trade mark holders a period of time with which to reserve their exact marks in the .info registry. To ensure fair and equal access during the sunrise period, Afilias will implement a multi-round "batch processing system" where batches of applications collected from various (yet to be advised) registrars, will be selected at random for processing. The World Intellectual Property Organisation (WIPO) (http://www.wipo.org) will administer a challenge procedure through which any third party may challenge these initial registrations. The challenge process will be open for approximately 120 days after Afilias begins accepting applications for .info domain names.

(b) Application Process

Following the sunrise period, Afilias will begin accepting general applications for .info domain names. The application process will also be based on a multi-round batch process and will last approximately three weeks. Following this time Afilias will process applications on a real-time basis.

(c) Operation

Names awarded through the sunrise period will become operational one week after the beginning of the general application and registration process.

While the domain names may allow organisations to obtain desirable top level domain names in the same categories as .com, .org, and .edu, they may also pose hidden expenses for those wishing to enforce their legitimate intellectual property rights. Each IP Claim filed during the pre-registration period for .biz domain names, will be subject to a (unspecified) fee. Although unlimited IP Claims can be made, there is no indication in the rules governing the dispute resolution proceedings, on what basis disputes are to be decided or whether the filing of an
IP Claim will give a trade mark owner any special advantage. While the system is designed to take into account the rights of existing intellectual property holders, there is no indication of how much weight their rights will have in any dispute that arises. It therefore seems that the filing of an IP Claim in respect of .biz domain names, is a necessary evil, since a trade mark holder must have first filed an IP Claim before it becomes able to defend its rights in respect of a disputed domain name allocation.

For further information on registering .biz or .info domain names please contact any of the following at Simpson Grierson.

This is a general summary only and should not be taken as a substitute for specific advice.

Simpson Grierson lawyers

Contacts

Michael Sage, Partner, michael.sage@simpsongrierson.com
Earl Gray, Partner, earl.gray@simpsongrierson.com
Jan Kelly, Partner, jan.kelly@simpsongrierson.com
Sarah Foster, Associate, sarah.foster@simpsongrierson.com

Web site: Simpson Grierson

May 2001