Ever since ICANN announced its intention to expand the number of Internet top level domains it met noisy opposition from brand and trademark holders egged on by their intellectual property lawyers.  They were concerned about the possibility of online fraud and cybersquatting.

Their totally appropriate demands for safeguards and the apparent lack of interest in the new gTLDs by brand marketers combined to slow the program’s progress to a snail’s pace.  But in recent months, the marketers have begun to warm to the possibility.  A report commissioned by the French domain name registrar, Gandi, called “Liberalisation of the Internet,” found that only one-third of companies surveyed even knew about the program.  But of those that did were “excited about the opportunities in the areas of global branding.”

This prospective value has now been matched by retrospective advantage to gTLDs that already exist but reflect the likely approach of those to come.  Like .travel which was approved in 2005.

In recent days, the organization which manages the .travel registry has reported increased consumer familiarity with the address.  And industry partners and others who report on them are noting that the new names are drawing increased attention by search engines, like Google. Even earlier, ICANN’s Implementation Recommendation Team offered a view of additional safeguards that seem to be getting some traction.   What is certain is the program will adopt stronger brand and trademark protections than have heretofore been seen.

A reasonable person would think that these moves would cause the intellectual property lawyers to take a step back and review.  But that reasonable person would be wrong.  Despite the evidence of what good has happened, even those most closely a part of ICANN continue to focus on the darket clouds they can imagine.

In a recent news report, “Steven Metalitz, president of Icann’s Intellectual Property Constituency, has warned that firms failing to register new domain names with generic extensions could become victims of cybersquatting.”   At a time when the gTLD program is gaining ground among the clients for whom they work, the lawyers constructive criticism has become just criticism.

There is a thaw coming to the ice-cold reception that brand and trademark holders gave to ICANN’s plan to introduce a host of new gTLDs.  In recent days, some serious publications have taken a look at the program and found reason to support it.

Forbes pointed out ICANN’s view that the new gTLDs can bring real value to cause-related marketing.  “Cause-related branding is one of the most anticipated consequences of the policy change, ICANN’s spokesman Paul Levins says.”  The most visible example is the group, incuding former U.S. Vice President Al Gore, promoting the gree-focused .eco gTLD.

Even the Financial Times, with its focus on the global business marketplace, is coming to grips with the potential value of the new gTLDs.  In a recent report, the FT noted that “While tensions are high, few dispute that opening up the naming system is a necessary step to creating a more lasting foundation for the internet, and one that will benefit hundreds of millions of users.”

The New York Times has weighed in, too.  The “Newspaper of Record” had a reporter at the ICANN briefing on new gTLDs held recently in New York City.  The result? Theses new gTLD-things might hyave some use afterall the opposition from brand and trademark holers.

“But there is another use for the new top-level domains: simpler Web addresses for companies. Expect to see the likes of .amazon, .ibm and .pepsi. This will let them offer slightly faster ways to get to their various subsections, books.amazon or servers.ibm.”

The ICANN meeting in Sydney gave us both a new head for the Internet’s governing body and a more specific roadmap to the introduction of new gTLDs.  Both are good things, but neither is as meaningful as the subtle but measureable shift in attitude among marketing executives.  Long in lock-step with their lawyers opposed to the new Web landscape, they are now beginning to contemplate the brand value to be found to the right of the dot in a domain name address.

Note this from the Financial Times:

“‘We spend a lot of time and money trying to drive people to websites. Anything that makes it easier to find things on the web is a good thing,’  said Tom Eslinger of Saatchi & Saatchi, the advertising agency.”

It began  with the release of the “Liberalisaton of the Internet” report released last month.  It spread as more companies became even aware of the possibility of owning a branded registry of names and is accelerating as it become clear that the program will include trademark protections adequate to balance the needs of global brands and entrepreneurs.  And the howls that the new gTLDs will lead to consumer confusion has died down because, as we knew all along, search is the dominant Internet roadmap.

When the next (and final?) RFP is issued this Fall, it will bring  into even sharper focus for companies and communities the undeniably positive cost/benefit of operating on the ‘net without having to wear a .com disguise.

As the online world turns its attention to ICANN’s upcoming meeting in Sydney there is an emerging reappraisal of the potential brand value of new gTLDs.

The program to expand the Internet’s addressable real estate has been under intense criticism from brand and trademark holders.  Clearly, there ought to be appropriate protections, but we have shown that there is demand for the new names.

Now we are beginning to see evidence of interest in the new domains by the brand and trademark holders, too.  A long-awaited report on “The Liberalisation of the Internet” from The Future Laboratory for French registrar Gandi.net offers an in-depth view of the potential of new gTLDs, including this:

“(T)wo-thirds of businesses don’t realise domain extensions are being liberalised next year. But those businesses that do know about this (like Deloitte) are excited about the opportunities in the areas of global branding.”

On almost the same day, Irfan Salim, CEO of MarkMonitor, “the global leader in enterprise brand protection” took up the same point.

The report at ComputerWeekly.com, he is credited with offering real brand balance to the caution:

“(a new gTLD) also allowed them to use the domain name, which is theirs exclusively, to build a close-knit community by requiring their affiliates to register their own domain names under their GTLD.”

Salim may not be Irish, but he is well-versed in appropriate Irish proverbs; “In the land of the blind, the one-eyed man is king.”

As of today, you can pre-order domain names from any new gTLD — those that have been made public or those you think should be created  – right here.

With ICANN giving the world the opportunity to operate vast new areas of the Web to compete with existing registries, like .com, .org and .us, we’re giving you the opportunity to get in early.

Our partner, Pool.com, a leader in domain name acquisition, auction services and secondary market sales, is hosting a dynamic list of gTLDs and is now accepting orders for names within any of them.

The list is “dynamic” because it will expand as communities and corporations announce their plans to apply for a new domain — there are about 50 right now.  And if you see the need for one not yet announced, let us know and we’ll put it on the list.

We think that the enthusiasm for the new web addresses will help prove the business validity of the program.  And by identifying interest in additional extensions we’ll encourage new applicant groups to form.

Placing a pre-order you will get in line now for the best names — names that can best represent you, your business or your special interest. Even better is that there is no fee until the name is secured for your use.

The mobsters in “The Godfather,” when the opposition starts to play rough, “go to the mattresses.“  That is to say they gather for protection without regard to missing dinner with their other families.  If the International Olympic Committee (IOC) is to be believed, it has placed an order for the beds to be delivered.

In a letter of protest to ICANN, the Olympic governing body has told the Internet governing body to obey the rules or face a lawsuit.

This is all a bit over-heated.  We are only at stage two — maybe half-way — in the process for rolling out new gTLDs.  The current revised RFP will lead to a second revision before a final is issued, likely by the end of September.  Of course, ICANN will incorporate brand and trademark protections.  It knows on which side its bread is buttered.  And, it responds to the threat of lawsuits.

But the noise obscures an essential point.  There is real value in the new domains and their names.  There are new businesses to be built.  There are global, commercial communities to form and rally.  And there are existing consumer-facing companies that can accelerate their one-to-one marketing.

It is the last that deserves a bit more attention.  If .amex or .wells or .pge existed, American Express, Wells Fargo and Pacific Gas & Electric could use the domain to create a web presence for each of their customers.  Sure, they could build it off their .com address, but the ability to integrate all their digital initiative in one place that is branded as tightly as those extensions are is a potential value wrong to overlook.

The rights of brand and trademark holders at the second and third levels, like Wells.bank or Amex@credit.card need to be sorted out.  But there is real money to be made.  Forget the mattresses; everyone will get a better night sleep if a deal is struck.

With the wider-ranging media beginning to tell the story of ICANN’s initiative to open up hundreds of new Internet addresses by moving to approve new top level domains (gTLDs), opponants have new fields to plow.  But try as they might, critics of the proposal are far outnumbered by the communities, groups and individuals who see the long-term value in owning a domain, not just renting a name.

The latest example came in USA Today, America’s widely circulated and favorite second read.  The story headlined ‘Turf Wars” and included this message of opposition:

“It costs companies hundreds of thousands of dollars, if not millions, to enforce their trademark rights in the existing space, so imagine how expensive it will be when (a company) gets infringed in a thousand new domains…”  In fact, the behavior of trademark holders and brands is not so clear cut.

For people with vision, it is quite a different picture.  Protections can and are being built in to the process without choking off the potential for real, global, commercial development.  For them, the new gTLD landscape is like a briar patch and they are all Br’er Rabbit just hoping to get thrown in.

ICANN ought to be applauded for creating the opportunity.

As a member of ICANN’s Business Constituency I have heard first-hand the perfectly appropriate criticisms from trademark holders of ICANN’s roll-out of new generic Top-Level Domains (gTLDs). But while it may be OK for branded companies to wish they didn’t have to deal with the matter, the dust that has been kicked up has obscured real value in the program.

The new gTLDs give us the chance to create global marketplaces based on communities of interest. Think about it. For a city promoting tourism, visitors no longer will need to troll thatcityhotel.com or thatcityrestaurant.net or thatcitytransit.ca. It can all be assembled at .thatcity. The metaphor is even more powerful for active, global communities that could rally around domains like .golf or .art or .music (yes, I know there is a group working on that one!).

There are plenty of mechanisms in place to deal with those who would seek to lever a brand they do not own. The community can agree to more if it chooses; the structure is in place for that, too.

But to paint the launch of a host of new gTLDs with a tar brush of trademark criticism is to ignore the chance to create new global markets based on communities of interest.

I am a believer in brands and community.

Please Note: This post was originally published on Feb 12, 2009 on CircleID.

Despite the perfectly appropriate criticisms from trademark holders of ICANN’s roll-out of new generic Top-Level Domains (gTLDs), there is no denying the potential market power of opening up vast new tracts of Internet real estate.

Even while it may be OK for branded companies to wish they didn’t have to deal with it, the dust that has been kicked up has obscured real value in creating new commercial and community districts on the Web.

The new gTLDs give us the chance to create global marketplaces based on communities of interest. Think about it. For a city promoting tourism, visitors no longer will need to troll thatcityhotel.com or thatcityrestaurant.net or thatcitytransit.ca. It can all be assembled at (dot)thatcity. The metaphor is even more powerful for active, global commercial markets that could rally around domains like .golf or .art or .music (there is already a group working on the last one!).

We are believers in brands and community.