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Domain Names and New gTLDs: Prepare Your Business for the Next ICANN Round

Introduction

In today’s digital economy, a domain name is far more than a simple web address – it is a strategic business asset. It defines a company’s online identity, drives visibility, and secures customer trust.

The Internet Corporation for Assigned Names and Numbers (ICANN) has announced that a new round of generic Top-Level Domains (gTLDs) will be launched in the coming years. With the recent designation of dispute resolution providers for this next round, the process is accelerating – and businesses must start preparing now.

Dreyfus, a leading law firm specializing in intellectual property and digital strategy, provides full support in domain name management, including assistance in preparing and filing new gTLD applications with ICANN.

Why Domain Names Are Strategic Business Assets

Domain names play a central role in digital strategy:

  • They define a company’s digital identity.
  • They safeguard brands against cybersquatting and misuse.
  • They enhance visibility and credibility worldwide.
  • They build customer trust and protect corporate reputation.

Example: A banking institution that loses control of a key domain name exposes itself to phishing risks, financial loss, and severe damage to brand reputation.

New gTLDs: A Unique Opportunity for Brands

ICANN’s new gTLD program aims to expand and diversify the Internet space by allowing organizations to obtain new extensions such as .shop, .bank, or even proprietary .brand domains.

Lessons from the Previous Round

In the first round launched in 2012:

  • Nearly 1,930 applications were submitted.
  • Over 600 .brand domains were delegated, enabling global companies to control their own extensions.
  • Key sectors such as luxury, finance, and technology secured strategic gTLDs.

Strategic Benefits

  • Brand empowerment: owning a .brand creates a powerful marketing tool.
  • Enhanced cybersecurity: full control of the namespace reduces phishing and fraud.
  • Operational flexibility: simplified management of subdomains under a proprietary extension.
  • Competitive edge: stronger visibility and differentiation in crowded markets.

The Risks of Inaction

Failing to prepare for the next gTLD round can result in:

  • Loss of strategic extensions to competitors.
  • Brand misuse and cybersquatting by malicious actors.
  • Costly disputes (UDRP, URS, national ADR procedures).
  • Reduced online visibility compared to proactive competitors.

Real-world example: several companies that did not anticipate the 2012 round had to buy back domains at exorbitant prices, sometimes exceeding hundreds of thousands of dollars.

How to Prepare for the Next ICANN Round

A Practical Checklist

  1. Map your critical domains: identify domains linked to your trademarks, products, and markets.
  2. Define your strategy: offensive (filing a .brand) or defensive (securing key generic extensions).
  3. Allocate budget and resources: ICANN fees, technical costs, legal support.
  4. Monitor ICANN developments: stay ahead of rule updates and timelines.
  5. Build a compliant application: legal, technical, and financial readiness.

Case Studies

  • Global luxury group: applied for a .brand to secure all digital assets under a single trusted namespace.
  • Industrial mid-size company: adopted a defensive strategy by protecting its trademarks in strategic generic extensions (.tech, .industry).
  • Tech start-up: focused on monitoring and successfully recovered a hijacked domain via a UDRP proceeding.

Dreyfus’ End-to-End Support for gTLD Applications

Applying for a gTLD is a complex process requiring legal, technical, and financial expertise. Dreyfus offers comprehensive assistance at every stage:

  • Portfolio audit: identifying risks and opportunities.
  • Strategic advice: determining whether to pursue a .brand application or adopt a defensive approach.
  • Legal assistance: preparing and submitting ICANN applications, ensuring compliance with contractual obligations.
  • Operational management: coordinating with technical providers and liaising with ICANN.
  • Continuous monitoring: implementing surveillance tools to prevent misuse and anticipate disputes.

Why Choose Dreyfus?

  • 20+ years of expertise in intellectual property and domain names.
  • Active involvement in international organizations (ICANN, INTA).
  • International recognition in global rankings (IP Stars, Top 250 Women in IP, etc.).
  • A multidisciplinary team combining law, technology, and digital strategy.

Future Trends: The Impact of New gTLDs

  • Cybersecurity: .brand domains will significantly reduce phishing and fake websites.
  • Sectoral growth: industries such as healthcare, finance, and luxury are expected to adopt gTLDs aggressively.
  • Digital transformation: gTLDs will interact with AI, blockchain, and Web3, shaping future digital identities.

FAQ – New gTLDs and Domain Name Strategy

What is a gTLD?
A generic Top-Level Domain (gTLD) is an extension such as .com, .shop, or .brand.

Why should I apply for a gTLD?
To strengthen your brand’s online identity, secure your assets, and gain full control over your namespace.

What is the timeline?
ICANN is preparing the next round; the timeline is expected to be announced soon. Businesses must start preparing their applications in advance.

How much does it cost?
The cost includes ICANN application fees, technical provider expenses, and legal advisory services.

What if I don’t apply for a gTLD?
You can still protect your brand with a defensive strategy and enforce your rights through UDRP, URS, or national ADR mechanisms.

Conclusion: Anticipate Your Domain Strategy Now

Domain names are no longer just online addresses – they are long-term strategic assets. The upcoming ICANN gTLD round presents a unique opportunity for forward-thinking companies.

By partnering with Dreyfus, you gain access to international expertise and full-service support to prepare, file, and protect your gTLD applications.

Contact our team today to schedule a portfolio audit and start building your gTLD strategy.

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Nathalie Dreyfus, International Expert in Domain Name Disputes, to Speak at Domain Summit Europe – London 2025

In today’s digital economy, domain names are at the heart of corporate strategies. With the growing number of disputes, the rise of cybersquatting, and new challenges linked to cybersecurity, e-commerce and emerging technologies, trusted expertise has become indispensable.

At the Domain Summit Europe – London 2025, held from 1 to 3 September 2025 at the Business Design Centre, London, Nathalie Dreyfus, French Intellectual Property Attorney and founder of Dreyfus, will share her insights on the latest developments and strategies for protecting and defending digital assets worldwide.

A leading authority in domain name disputes

Recognized among the Top 250 Women in IP and consistently ranked by WTR 1000, IP Stars and Legal 500, Nathalie Dreyfus is one of the most prominent figures in intellectual property.

For over two decades, she has advised companies and institutions in more than 60 countries, helping them protect and enhance their intangible assets — particularly domain names, which have become strategic assets in their own right.

As a frequent conference speaker, trainer, and panelist for international institutions, she regularly addresses cutting-edge issues such as cybersecurity, blockchain, new domain extensions, and global brand enforcement strategies.

Why domain names are critical for businesses today

A domain name is no longer just an internet address. It represents:

  • An economic asset: it directly impacts visibility, credibility, and brand reputation.
  • A legal issue: cybersquatting, impersonation, and counterfeiting make disputes inevitable.
  • An international challenge: businesses expanding online must anticipate risks on a global scale.
  • A cybersecurity concern: domain names are prime targets for fraud and digital attacks.

In this context, insights from experts like Nathalie Dreyfus are essential to guide professionals on best practices for managing and defending domain portfolios.

Speaking at the Domain Summit Europe – London 2025

The Domain Summit Europe is a must-attend event for registrars, registries, investors, legal professionals, branding and SEO experts, startups, and digital entrepreneurs.

At this year’s edition, Nathalie Dreyfus will address the topic:

“Domain Names: Latest Developments and Strategic Insights to Anticipate Disputes and Strengthen Global Digital Presence.”

Her presentation will cover:

  • Recent developments on domain extensions and their impact on brand owners,
  • Effective mechanisms for resolving domain disputes,
  • Proactive management strategies to prevent litigation,
  • The intersection between trademarks and domain names in today’s digital economy.

Dreyfus: international reach and expertise

Founded by Nathalie Dreyfus, the Paris-based firm supports clients across Europe, the United States, Asia, and the Middle East. Its services include:

  • Trademark filing and portfolio management,
  • Domain name monitoring and enforcement,
  • Online anti-counterfeiting and cybersquatting litigation,
  • Strategic advice on emerging technologies.

This international reach allows the firm to deliver tailored and proactive strategies to meet today’s digital challenges.

Video presentation

On the occasion of the conference, we invite you to watch Nathalie Dreyfus’s video presentation.

Conclusion

The participation of Nathalie Dreyfus in the Domain Summit Europe – London 2025 highlights the growing importance of domain names as key intangible assets.
Her contribution will provide valuable insights for companies and legal professionals seeking to anticipate risks, strengthen digital strategies, and secure their global presence online.

📅 Dates: 1–3 September 2025 (main program on 2–3 September)
📍 Venue: Business Design Centre, 52 Upper St, London, UK
🔗 Official site: https://london25.domainsummit.com/

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Are there copyrights on the online resale of video games?

The resale of digital video games raises significant legal issues, primarily related to licensing agreements and copyright. Unlike physical games, digital games are subject to strict rules prohibiting their resale, a practice consumers might naturally expect given the intangible nature of these products. This article analyses the legal reasons behind this prohibition and the consequences for consumers and market players.

Legal issues surrounding the resale of digital video games

The nature of digital video games

Digital video games are purchased and downloaded through online platforms. One of the main distinctions from physical games is that consumers do not actually purchase the game, but instead obtain a usage license that grants them the right to use the game for a set period, without becoming the owner of the game or its content.

These licenses are personal and non-transferable. The terms are specifically outlined in the agreements that users accept upon purchase. It is due to this lack of ownership that it is legally impossible to resell an online video game.

Licensing agreements and copyright protection

Video games are protected by copyright, which grants the publisher exclusive rights to distribution and use, as outlined in the Intellectual Property Code. This explains the strict restrictions associated with them.

Licensing agreements serve to protect these rights and limit the use of the games within the framework set by the publisher. For publishers, this is an effective means of controlling the distribution of their works and preserving their economic model.

The absence of a second-hand market for online video games: a consequence of copyright law

Exhaustion of rights and its limits in the digital video game sector

The exhaustion of rights principle is an important concept that allows a physical item to be resold freely after its first sale, provided that the sale occurred within the European Union. However, this principle does not apply to intangible goods, such as digital video games.

Indeed, according to Article 4 of Directive 2001/29/EC on copyright, the exhaustion of rights applies only to tangible items, not to services or digital products like video games. This rule is intended to protect the interests of publishers and prevent the uncontrolled circulation of digital products.

tangible assets digital assets

Jurisprudence and the absence of a resale right

The Court of Cassation recently clarified the issue of the exhaustion of the distribution right for an online video game in its judgment of October 23, 2024 (n° 23-13.738), rejecting the appeal by the UFC-Que Choisir association against Valve Corporation regarding the resale of digital video games on the Steam platform, where the general terms prohibited resale and the transfer of accounts or subscriptions purchased on the platform.

The court confirmed that video games are complex works that include graphic, sound, and narrative elements, protected by Directive 2001/29/EC on copyright, rather than Directive 2009/24/EC relating to computer programs. This distinction aligns with earlier CJEU rulings, which clarified that the exhaustion of rights applies only to tangible objects, not digital products.

Several decisions confirm this trend, notably including:

  • Nintendo (January 23, 2014): in this case, Nintendo sued PC Box for selling downloadable video games online. Nintendo challenged the resale of copies of its digital video games without its authorization, after consumers had downloaded the games via a download code.
  • Tom Kabinet (December 19, 2019): Tom Kabinet, a Dutch website, set up a marketplace for reselling digital copies of e-books. The case concerned the legality of reselling these copies after their initial purchase.

The future of video game resale online

Possible legislative changes

In the context of potential European legislative reforms, some argue for relaxing the rules regarding the resale of digital video games. In 2021, the European Commission launched a public consultation to explore legislative reform options for the digital market. However, the economic model of publishers and the protection of copyright remain key issues that delay in-depth reform.

Certain consumer-friendly initiatives, such as the creation of more flexible, potentially transferable licenses, could reconcile the interests of publishers and users, creating a controlled resale system on authorized platforms.

The role of distribution platforms

Online video game distribution platforms, such as Steam or PlayStation Store, play a central role in regulating the market for digital video games. While these platforms sometimes offer sharing or exchange systems, they still limit the free resale of games. Their policies are driven by the licensing agreements negotiated with publishers and developers.

Conclusion

The prohibition of the resale of online video games is mainly due to the structure of licensing agreements and copyright law. Video game publishers maintain strict control over the distribution of their digital products, preventing the creation of a second-hand market. While some legislative changes could relax these restrictions, the current framework continues to favor the economic interests of publishers over consumer rights.

Dreyfus Law firm assists its clients in managing complex intellectual property cases, offering personalised advice and comprehensive operational support for the full protection of intellectual property.

Dreyfus Law firm works in partnership with a worldwide network of lawyers specialising in Intellectual Property.

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Nathalie Dreyfus with the assistance of the entire Dreyfus team.

 

FAQ

  1. Why can’t digital video games be resold?
    Digital video games are governed by licensing agreements that prohibit their resale, due to their copyright protection.
  2. What is a video game license?
    A video game license is a contract between the consumer and the publisher, allowing the consumer to play the game under specific conditions, without owning it.
  3. Are there any exceptions to the resale ban for digital video games?
    In some cases, a perpetual license may allow for the transfer of usage rights, but these situations are rare, and permissions must be explicitly stated.
  4. What are the legal risks of reselling digital video games online?
    Unauthorized resale may lead to legal action for infringement of copyright and licensing agreements.
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