Many new registries of top-level domains (“TLDs”) share the concerns expressed by members of the intellectual property community that a proliferation of new Internet domain extensions will contribute to increased trademark infringement in the domain name space.
In 2009, the Internet Corporation for Assigned Names and Numbers (ICANN) established the Implementation Recommendation Team (IRT), with the mission “to develop and propose solutions to the overarching issue of trademark protection in connection with the introduction of new gTLDs”. Deloitte was invited by the IRT to discuss its experience in managing so-called “rights protection mechanisms” for well-known domain name registries including .ASIA, .TEL, .ME, and .NL and to formulate its recommendations for increased trademark protection in the new TLDs.
Following the publication of the IRT’s Final Report, a number of parties reached out to Deloitte to find out whether it was feasible to create a list of brands meeting the key objectives of the Globally Protected Marks List (GPML) proposed by the IRT.
In response to these inquiries, Deloitte has defined a number of criteria to facilitate the selection of 100 brands that make significant efforts to protect and enforce their trademarks in the domain name space.
Several notable “lists of 100 global brands” are published on a regular basis. While each of these lists serve a particular (marketing) purpose, the list published by Deloitte specifically intends to provide a fair view on which brands stand out in the safeguarding and enforcement of rights in the context of domain names.
Due to the publication of this brand list, a number of practical issues inevitably arise. First of all, the list includes only 100 brands. This however does not mean that there are no other brands that may qualify for special consideration in connection to new top-level domains. This list is not intended to reflect a qualitative or quantitative judgment, nor a final expert opinion. It is not meant to be exhaustive, it simply means that in creating this list, Deloitte has decided to establish a cut-off point of only 100 brands.
To determine which brands should be included in this list, a variety of criteria has been used. While much of the data used comes from publicly available sources, other meaningful data is not publicly available and is based on proprietary information, resources and tools available only to Deloitte.
|Deloitte's brand List|
|Jack Daniel’s||JP Morgan||Kodak||Lancôme|
|Smirnoff||Sony||Starbucks Coffee||Tiffany & Co.|