Litigation partner Paul McGrady, based in Winston & Strawn's Chicago office, was quoted BNA Electronic Commerce & Law Report article, "NTIA Urges ICANN to Define 'Competition,' 'Trust' Broadly, for AoC New gTLD Review," published May 23, 2012.
On May 15, the U.S. Department of Commerce issued their comments to the Internet Corporation for Assigned Names and Numbers (ICANN) regarding the required reviews of the new gTLDs. This review examined the extent to which the program has promoted competition, consumer trust, and consumer choice.
According to Mr. McGrady, additional comments of note "[are] related to IP protections and defensive registrations, [which] move the ball forward in important ways…There is still time for ICANN to improve trademark protections in the second level for new gTLD registries and I hope this comment by the U.S. government motivates them to do so."
The comments from the U.S. Government help to move the ball forward in three important ways. According to McGrady, "First, it acknowledges what we all know to be true, namely, that consumers cannot trust the domain name system if intellectual property rights are not adequately protected…Second, the Department of Commerce's conclusion that the three factors should be considered together, rather than in a vacuum, would, if followed, tell a more complete story… Lastly, the USG comment connects dollars to defensive registrations."
Mr. McGrady focuses his practice in trademarks, domain names, and social media. He represents large brand owners, including new gTLD applicants in their domain name and Internet matters. Mr. McGrady is well-known for his work in domain names and social media; he has had three books published books on these topics and is frequently asked to present on these issues.