[Gnso-rpm-trademark] REMINDER - Proposed Agenda - RPM PDP WG TM Claims Sub Team - 27 March 2019

[George Kirikos]

Hi folks,

On Thu, Mar 28, 2019 at 2:47 AM Michael Graham (ELCA)
<migraham at expediagroup.com> wrote:
> One set of figures which I find of interest is that while 13% of new second level domains are being registered in the New gTLDs, only 6% of UDRP cases relate to domains in the New gTLD.  This appears to suggest that something about the New gTLDs is deterring registration of domain names that are challenged as confusingly similar to owned trademarks.

Michael Graham didn't provide any citation for his numbers. I did a
quick bit of research, though, and they don't seem to be correct.

According to WIPO's latest stats for last year:

https://www.wipo.int/pressroom/en/articles/2019/article_0003.html

"Disputes involving domain names registered in new generic Top-Level
Domains (gTLDs) accounted for some 13% of the total, with disputes
most commonly found in .ONLINE, .LIFE, and .APP (Annex 2 ).
Representing 73% of the gTLD caseload, .COM demonstrated the
continuing popularity of the legacy gTLDs."

Assuming that ratio holds across all UDRP providers (not just WIPO),
then new gTLDs disputes were 17.8% of the .com disputes (i.e. 13%
divided by 73% = 0.178 = 17.8%).

And according to Verisign's DNIB for Q3 2018:

https://www.verisign.com/en_US/domain-names/dnib/index.xhtml
https://www.verisign.com/assets/domain-name-report-Q32018.pdf

.com had 137.6 million total domains (page 2)

new gTLDs had a total of 23.4 million domains (page 4).

Thus,  total new gTLDs were 17.0% of .com registrations (i.e. 23.4
million divided by 137.6 million = 0.170 = 17.0%)

So, new gTLDs had 17.0% of .com's registrations,  vs. 17.8% of .com's
UDRPs ---  roughly the same.

[Michael G. did use the phrase "new second level domains", as opposed
to overall domain name registrations. However, anyone can file a UDRP
regardless of the domain name's age or creation date, so the relevant
base is the total number of registrations. WIPO doesn't break down
their disputes by the age of the domain name, as far as I know.]

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/