At The House Energy and Commerce Committee’s hearing on new gTLDs Josh Bourne President of CADNA’s testified:
“”The U.S Congress should take much-needed action to improve the language of the Anti- Cybersquatting Consumer Protection Act (ACPA), so that it provides proper deterrents against cybersquatting.””
“”Cybersquatting to the left of the dot is already a massive problem; with approximately 200 million domain name registrations concentrated mainly in .COM there already exist millions of brand-infringing domains. We know it is unlikely that the new gTLDs will garner this volume of cybersquatting, but that doesn’t mean they won’t have a significant impact. In reality what we need is an immediate update to U.S. law and a process that not only curbs and deters
cybersquatting in the existing TLDs, but any new ones that are created.”
“At this point, CADNA’s best guess is that there could be around 800 applications in early 2012 during the three-month application period. Of those estimated 800 applications, what CADNA has also come to realize is that likely two-thirds to three-quarters of applications could come from
strategic enterprises that will choose to run their registries in a “closed” way, for their own internal marketing uses and will not make second-level domain names available to registrants.”
“That leaves about 200 to 300 applicants representing communities or acting as entrepreneurs pursuing mainly geographic and generic gTLD strings that will likely be “open” in the sense that they sell second-level domains to registrants, some of whom will be cybersquatters.”
“”Cybersquatting to the right of the dot is very unlikely to occur, this is a complex application, it’s an expensive process, the planned evaluation appears to be rigorous, and the objection process would certainly allow the owner of a trademark to prevent a party without rights from receiving a contract from ICANN.”
“”Therefore, the after-the-dot concerns for companies with very unique and strong trademarks are mainly related to competition. Will I be at a disadvantage? If I don’t apply and new gTLDs become popular, will my current URLs look out of date?””
In response to a question from Subcommittee Chairman Walden, Bourne just stated that “there are probably tens of millions of cybersquatting domains in .com”, and that CADNA was discussing revisions to the ACPA with Judiciary Committee staff.
Of course with a little of 100 Million .com registrations to say there are “tens of millions” of Cybersquatted domain names, its obvious that CADNA definition of a cyber sqautted domain is MUCH broader than current law.
This testimony clearly indicate that CADNA may make a huge push next year for Congress to amend the ACPA with a much broader definition.
As we have noted for years, almost every dictionary word is trademarked, so is every term, phrase, expression, as well as every two and three letter combination.