Trademark fight over new TLDs continues to brew.

I’ve written numerous times about new TLD applicants filing trademark applications for TLDs in an attempt to get a leg up on getting approval for their TLD application and fighting off competitors.

In general, you can’t trademark a top level domain in the U.S. But other countries allow it. And Constantine Roussos, who wants to apply for .music, says he will use his 20 trademarks to block potential competitors. In a comment on ICANN’s web site, Roussos writes:

Rest assured that if we, as .MUSIC are faced with the possibility of being gamed and abused in a manner that we find illegal, we will use our trademarks and other means necessary to do what we have to do to protect ourselves and our respective community. While trademarks alone should not be the sole determinant of earning a TLD, it is the only means we have of protection, since ICANN has not incorporated any mechanisms to prevent TLD applicant abuse, gaming and unfair piggybacking from other initiatives.

Based on Roussos’ previous and current comments about wanting extra credit for participating in the new TLD process for so long, this seems to indicate that “gaming” would merely be someone else trying to apply for .music.

Minds + Machines is leading the charge to have trademarks not be considered in the application process. Interestingly, the company’s parent Top Level Domain Holdings has filed numerous trademarks for new TLDs, but says it is doing so for defensive purposes. When one trademark registrant for .eco threatened it, the company filed for cancellation of the registrant’s mark, stating that a TLD can’t be trademarked, even though it has several pending.

ICANN doesn’t control international trademark law. What ICANN can do is not award extra points for trademarks. In fact, ICANN could penalize companies that file trademarks for a new TLD prior to applying (or at any time thereafter) in an effort to discourage the practice.

One of the rules for all applicants should be that they don’t try to file a trademark on a TLD after being awarded a TLD. After all, ICANN can revoke the registry contract in the future for violations, and they could face lawsuits from a former registry that claims trademark rights.

Both purchases were big when you add it all up.

e.biz was the highest selling one letter .biz domain name at $66,001, right? And at $350,000, Overstock.com paid a lot more for o.co than o.biz, right?

Don’t jump to that conclusion.

Overstock was awarded o.biz, which it currently uses as a b2b commerce store, through a request for proposal from .biz registry Neustar. Although the RFP didn’t require Overstock to pay much money directly to the registry, it did have to agree to spend significant resources promoting the o.biz web site. It may sound outlandish, but word on the street is RFP responses to Neustar’s release of one character .biz domains may have included a commitment to spend over a million dollars promoting the site.

Sure, a million dollars is little to Overstock; and if the company is going to promote a new web site it surely plans to spend that much on marketing, anyway. But when it comes to upfront commitment, o.biz was probably seven figures. Who knows, maybe its deal with .co included similar provisions. But they probably didn’t need to be in writing — by spending $350,000 on this domain, it’s clear Overstock is committed to the domain.

Forbes published an article yesterday about how video games can teach better leadership, and the article prominently features Tucows CEO Elliot Noss. The article starts off:

Elliot Noss, chief executive of domain name provider Tucows, has spent the past five years training to become a better leader. How? By playing “World of Warcraft” for six to seven hours a week.

“‘You have these events [in "World of Warcraft"] that are very leadership-driven,” Noss says. “For example, when you’re in a raid that’s poorly led, it’s really easy to see how valuable are skills like managing the social dynamic, making sure there was the right level of preparation and making sure that there was a clear hierarchy in terms of who is performing what roles.”

Noss has set up frameworks at Tucows so employees can understand how day-to-day tasks effect the company. Among other things, he holds a lunchtime series called “Tucows Lore”, where Noss discusses stories about Tucows battles over the past decade.

Internet retailer snaps up one character .co domains for big bucks.

On the eve of the .co general availability launch comes news that Overstock.com purchased the o.co domain name for a whopping $350,000. This must be the sale that Michael Berkens alluded to.

From the press release:

Many visionary companies see the new .CO domains as an opportunity to extend their brand or expand their online offerings in a way that was not previously possible due to limited availability of .com domains. Recently, the e-commerce powerhouse Overstock.com announced it paid $350,000.00 USD to acquire ‘O.CO’ to target new audiences and expand its global brand.

“The O.CO domain presented us with an unprecedented opportunity to add a meaningful online presence that will enhance recognition for the “O” brand, align with current marketing initiatives, and make it easier for shoppers to find our products and services online,” said Overstock.com Chairman and CEO Patrick Byrne. “Dollar for dollar, it’s a homerun and well worth the investment because it reinforces among consumers that ‘O’ is synonymous with ‘Overstock’.”

Overstock.com has been big on going after any single letter ‘o’ domain it can get, including a deal to get o.biz.

Company gives more details about its world tour program.

Following up to our story a couple weeks ago, Sedo has launched its SedoPro World Tour web site. It includes specific dates for the first three events:

Boston, USA (Kick Off Event)
When: August 31st to September 1st

Seoul, Korea
When: 10th September to 11th September

Tuscany, Italy
When: October 7th to 8th

An event will be held in London in November and Cologne, Germany in February. Additional locations for 2011 will be announced later.

The first day of the Boston event will include a networking activity to “explore Boston”, followed by a party at a local bar. The second day will include a number of sessions and time for one-on-one meetings, followed by dinner out on the town.

SedoPro clients should contact their account manager for more information on attending any of these events.