ICANN Releases Latest Draft of New Generic Top-Level Domains (gTLDs) Applicant Guidebook

By Jonathan D. Gworek and Gregory M. Krakau

May 2011

On April 15, 2011, the Internet Corporation for Assigned Names and Numbers (“ICANN”) released the latest draft of the New gTLD Applicant Guidebook (the “Guidebook”), moving the Internet one step closer to the availability of new generic top-level domains. These new “gTLDs” would support one of ICANN’s stated primary objectives—the promotion of competition in the domain-name space. Pending a final comment period to the latest draft, which is set to expire on May 15, 2011, ICANN proposes to post a final version of the Guidebook on May 30, 2011, in time for the implementation of the new gTLD program to be considered at an ICANN meeting scheduled to take place in Singapore on June 20, 2011. If ICANN approves the Guidebook in June, the process for accepting applicants for the administration of gTLDs could begin soon after, with successful applicants in turn overseeing the registration of gTLDs to end users.

While the exact impact on the Internet is difficult to predict, the opening up of new gTLDs is certain to set off a wave of new activity in the Internet domain space. Some Internet industry leaders believe the release of the new gTLDs could fundamentally change existing practices related to domain name use and search engine optimization, and more broadly impact Internet based advertising, promotion and commerce. Therefore, companies have begun in earnest to consider the impact to their businesses of this impending change, and are reviewing the Guidebook closely for insight.

Unlike the release of prior gTLDs (e.g. .museum, .name, and others), the new gTLDs could potentially be administered by a host of new registries, greatly expanding the ranks of registries currently dominated by VeriSign and others. Registry applicants must apply to ICANN for the right to perform this vital function, and may apply for one or more gTLDs either on behalf of a specified community, or in an “open” category with no specific community representation. The process for submitting the application to perform this function, the application review process and the dispute resolution process in the event of competing letter combinations, or “strings,” are among the many topics covered in the Guidebook. Prospective registry applicants are beginning to devise their application strategies based on these Guidelines.

While the Guidebook remains open to final comment and modification, by all appearances ICANN is sufficiently far along in the process of finalization that it would be timely for those interested to begin to familiarize themselves with its contents. Morse, Barnes-Brown & Pendleton, P.C. has established a cross disciplinary team of lawyers to advise clients interested in all aspects of the new gTLD release process, including parties interested in applying to be a registry, objecting to such applications, monitoring pending gTLD applications; or obtaining registration rights in a newly released gTLD. This status update is the first of a series of commentaries that Morse, Barnes-Brown & Pendleton, P.C. will provide on the Guidebook as companies and individuals begin to factor the pending release of new gTLDs into their business planning.

For further information about ICANN’s new gTLD program, and the Guidebook, please contact either Jon Gworek or Greg Krakau.

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