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St. Thomas Law Review

Sheri Lyn Falco

First Page

191

Document Type

Article

Abstract

The aim of this article is to provide insight into the various policies trademark owners can utilize to ensure protection of their domain name-related trademarks on the United States Patent and Trademark Office ("USPTO")' Principal Register as well as the various mechanisms trademark owners can use to protect their registered or non-registered marks against third party activities within the domain name system. The article will examine the USPTO's policies regarding trademark registration on the Principal Register for marks that contain top-level domains ("TLDs") as a part of the domain name in the applied for mark as well as for marks that consist solely of a TLD. In reviewing the dynamic evolution that has occurred in the relationship between trademarks and domain names, the role that the Internet Corporation for Assigned Names and Numbers ("ICANN") has had, and continues to have, in shaping and framing global trademark protections is of great significance. This overview will also present the options all trademark owners have to protect their marks that are used as domain names or as TLDs by third parties without their authorization. In doing so, this article will highlight key trademark protection initiatives developed by ICANN historically, as well as recent initiatives developed as a part of ICANN's 2012 new gTLD program. This article will also provide an introduction to independent initiatives by certain TLD registry operators who strive to further enhance the trademark protections within their specific TLDs.

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