This document discusses how the introduction of new generic top level domains (ngTLDs) poses risks to brands by greatly expanding the number of possible domain name variations. With over 1200 ngTLDs in development, brand owners can no longer easily control online traffic or defend against misuse through a limited set of top-level suffixes. The document recommends that brand owners inventory their trademarks, assess their value, and develop strategies to manage brands across many new ngTLDs to mitigate risks like cybersquatting, phishing, and loss of goodwill.

1. Protecting your brand with
strategies to address new
generic top level domain
names
John H. Rees
Callister Nebeker & McCullough
© 2014, John H. Rees

2. Business succession and branding
What is the connection?

3. Value of brand
Coca Cola trademark $80.64 billion
Microsoft trademark $65.17 billion
Prepare for sale or transition

4. How to develop powerful brands
Exposure
Consistency (high quality)
Control and protection

5. Websites are an important way to
build a brand
Who is not on the internet
But also a way to lose control and
diminish value of a brand

6. Domain names control access to
websites
They are addresses to content
Not unlike a street address—they
provide direction and location

11. Second level domain name
Part of the domain name to the left of the dot (.)
Examples:
cnmlaw.com
utah.gov
ccfa.org
delta.com
amazon.com

12. Generic top level domain names
Part of a domain name to the right of the dot (.)
Examples:
.com
.net
.info
.biz

13. Typically second level domain names are
brands or some variation of brands
Examples
tannerco for Tanner
ubcutah for Utah Business Consultants
cnmlaw for Callister Nebeker &
McCullough

14. Until recently, matching a brand with a top
level domain name was limited
tannerco.com
tannerco.net
tannerco.biz
tannerco.info
Possible country codes, such as .eu for
European Union

15. Two results of limited number of top level
domain names
1. Controlling internet traffic using a brand
was fairly limited
2. Defensively, the number of possible
misuse of a brand was limited

16. What are new generic top level domain
names (ngTLDs)
Huge expansion of domain names to the right
of the dot(.)
Pandora’s box is open for business

17. 1930 applications for ngTLDs
428 ngTLDs have launched
1205 ngTLDs proceeding through the program
This is the first of potentially many rounds
Stats as of October 24, 2014

18. Examples of ngTLD that have launched
• .business
• .direct
• .credit
• .forsale
• .restaurant
• .network
• .lawyer
• .dentist
• .market
• .degree
• .band
• .xyz
• .pizza

19. Geometric growth of ngTLDs
1.Ability to control internet traffic using
brand is no longer limited
2. Defense strategies are much more
challenging
What is happening to your brand, and how
is it being used online

20. What are the risks to your brand
Cybersquatting, including typosquatting
Pharming, spoofing, counterfeiting, and other
fraudulent activity
Loss of goodwill, including tarnishment

21. What’s a brand owner to do
Inventory your brands, including federal
trademark registration
Classify them by value and importance to
the business
Develop a strategy for managing brands
given the launch of the ngTLDs

22. Protecting your brand with
strategies to address new generic
top level domain names
John H. Rees
Callister Nebeker & McCullough
© 2014, John H. Rees