.biz address absorbs lawyers, not marketers
Boston Business Journal - by Phil Sweeney Journal Staff
The introduction of the new dot-biz Internet domain was designed to create new opportunities for companies that can't get an address in the heavily populated dot-com world. Instead, the arrival of dot-biz is generating controversy and legal squabbling--just weeks after opening for business.
The dot-biz registration process has led to at least one lawsuit, and one local lawyer calls the process little more than "a hassle." At this point, area businesses seem to view dot-biz as mostly a legal matter and not a business opportunity. And some wonder if it will create more problems than it will solve.
"It just plays into the hands of the trademark predators," said Paul Gupta, a lawyer with Boston-based Sullivan & Worcester LLP.
The new domain, however, is gathering more attention. "There's considerable interest in the business community," said Alan Sutin, a lawyer with Miami-based Greenberg Traurig LLP. "I would say it's likely to become an important domain."
The registration process, though, is almost certain to spark plenty of legal fighting between businesses competing for the same name, Sutin predicts.
The process has been made too easy for a cybersquatter to take a stab at grabbing a dot-biz address, even though another business might have a more legitimate claim to it, Gupta said.
Cybersquatting already is a thorny issue with dot-com addresses, said Kim Herman, a lawyer who handles trademark matters at Boston-based Sullivan & Worcester. "I'm almost spending all of my time ... pursuing cybersquatters," she said.
To protect their trademarks, Gupta and other lawyers are urging clients to become involved in registering appropriate names in the dot-biz domain, even though it amounts to little more than "a hassle," he said.
Companies pay a nominal fee to apply for their domain names, then must file a registration through one of dozens of registrars, who set their own fees for maintaining the accounts.
Dot-biz is seen as more a legal matter to be resolved than a business opportunity to be taken advantage of. Sources in the local business community know of little activity centered on dot-biz outside of the legal department.
"It's not as much a marketing decision as it is a legal decision," said Michael Norton, director of interactive communications at Gillette Co. of Boston.
Gillette's legal and trademark team is reviewing the matter, Norton said, but the company has not yet filed paperwork for a dot-biz address.
Don Cosseblom, director of research and development for Watertown Internet services company Molecular, said he's not aware of any projects planned specifically for dot-biz.
"I don't see anyone intending to make a big splash," Cosseblom said. "It's mostly about covering your assets."
The dot-biz initiative is designed to help businesses that can't get a good-fitting, dot-com address, said Jeff Neuman, director of policy and intellectual property at NeuLevel Inc., the company providing registry services for dot-biz. Internet Corporation for Assigned Names and Numbers, which oversees Internet address protocols, selected Sterling, Va.-based NeuLevel to operate the new domain.
One of the biggest troubles with the dot-com domain is that it is seen as being dominated by American companies, Neuman said.
"We kind of wanted to solve that problem," Neuman said. "We've been marketing dot-biz around the world."
NeuLevel said substantial interest in dot-biz has come from parties outside the United States. The application process continues through Sept. 17, and forms already submitted are estimated to number in the millions, he said. The dot-biz claims process began May 21.
To settle disputes from companies with claims to the same name (United Airlines and United Van Lines, for instance), NeuLevel has chosen a process that might lead to a random lottery-style selection.
"It's the most fair and equitable way," Neuman said.
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