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Trademarks vs Domain Names: Dictionary Words, Common, Combinations, and Arbitrary Letters

The typical daily accounting of decisions filed in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) may include an award or two dismissing complaints (three is particularly noteworthy: weddingfleamarket.com, dme.com, and scheduleflow.com from the Forum for January 20, 2018), but overwhelmingly complaints are granted not dismissed. Let us imagine a trademark or service mark that is neither a dictionary word nor composed of common combinations, would anyone be surprised when the Panel rules in Complainant's favor? more

Extraterritoriality

Black's Law Dictionary defines it as "the extraterritorial operation of laws; that is, their operation upon persons, rights or jural relations, existing beyond the limits of the enacting state, but still amenable to its laws. The term is used to indicate jurisdiction exercised by a nation in other countries, by treaty..." Extraterritoriality is also the most significant emerging development today in the law shaping virtual network architectures and services that includes OTT and NFV-SDN. more

Building a Brand for an Entire Industry: Q&A With Glenn Ruscoe of .physio

Success has many definitions. For many within the TLD community, it is a question of volume - domains under management, revenue and so on. For others, it's more long-term - renewal rates, utilization, and year-on-year growth. For Glenn Ruscoe, the physiotherapist behind the .physio TLD, success is far grander. His 'philanthropic' approach to the world of new domain extensions stems from a desire to create a global identity for the world's third-largest health profession. more

Next on the US Telecoms Agenda: Downgrading Broadband

The American industry lobby (AT&T, Verizon, and Comcast) successfully pushed the regulator to get rid of net neutrality, but they are not stopping there. They can sense the opportunity under the Trump Administration to roll further back any regulations that stand in the way of maximising their profits. As all three largely enjoy geographic monopolies in their regions of operation, there is little competition driving innovation forward, so their aim is to milk the networks that they currently have in place for as long as possible. more

Tips for Ecommerce to Survive and Thrive with GDPR

The regulatory environment for brands and retailers that do business online is getting stricter thanks to regulatory changes in Europe with the General Data Protection Regulation (GDPR), as well as existing regulations in the U.S. Companies that adapt quickly can turn these changes into a competitive advantage. As we grapple worldwide with the implications of the incredible amount of personal data generated every day, consumers are pressuring brands and legislators alike for more control over their information. more

Preventing ‘Techlash’ in 2018: Regulatory Threats

U.S. Chamber of Commerce President Thomas J. Donohue on January 10, 2018, warned that "techlash" is a threat to prosperity in 2018. What was he getting at? A "backlash against major tech companies is gaining strength -- both at home and abroad, and among consumers and governments alike." "Techlash" is a shorthand reference to a variety of impulses by government and others to shape markets, services, and products; protect local interests; and step in early to prevent potential harm to competition or consumers. more

The Over-Optimization Meltdown

In simple terms, Meltdown and Spectre are simple vulnerabilities to understand. Imagine a gang of thieves waiting for a stage coach carrying a month's worth of payroll. There are two roads the coach could take, and a fork, or a branch, where the driver decides which one to take. The driver could take either one. What is the solution? Station robbers along both sides of the branch, and wait to see which one the driver chooses. more

What is the Future for Mobile Network Operators?

The telecommunication industry is continuing to resist structural changes, but the reality is that if they don't transform, technology will do it for them. We have seen the fixed telecom operators slowly being pushed back into the infrastructure utility market. Mobile networks are moving in that same direction - that is, the largest part of their network will be a utility, with currently two, three or four mobile infrastructure providers per country... the industry is facing serious problems. more

Recalling 2017: The Year in Domain Data

It is safe to say that 2017 was a turbulent year in more ways than one. There was the ongoing clash between WHOIS information and user privacy, the hope that top-level domains would finally take off and multiple hacks of large corporations that reignited talks about cybersecurity. While many of these topics are essential and will likely resurface again in the coming year, it is also important to look back at 2017 through unambiguous data. more

In Memoriam: UDRPsearch.com

I have hesitated in writing this memorial for udrpsearch.com because I did not want to announce a demise that may not be true or the fear that my saying it will make it so. The website went dark for a short period in 2017, before being restored after a brief shutdown, and (I thought) it could happen again. I was waiting for history to repeat itself. But, the website remains dark, without explanation, and I fear it will not return. We lost it on or about January 6, 2018. more

Using Gerrymandering Technology to Fight Gerrymandering

In 1991, eight high-level Soviet officials attempted a coup that failed after two days. During those two days, citizen journalists and activists used Usenet newsgroups to carry traffic into, out of and within Russia (70 cities). News spread and protests were organized in Russia. In the west, we saw images of Boris Yeltsin speaking to demonstrators while standing on top of a tank and the Russians saw that we were aware of and reporting on the coup. more

A Tipping Point for the Internet: 10 Predictions for 2018

The year 2018 represents a tipping point for the Internet and its governance. Internet governance risks being consumed by inertia. Policy decisions are needed if we want to prevent the Internet from fragmenting into numerous national and commercial Internet(s). Geopolitical shifts, in particular, will affect how the Internet is governed. The Internet is made vulnerable by the fragmentation of global society, which is likely to accelerate in response to the ongoing crisis of multilateralism. more

The Meeting That Changed the DARPA Datagram Internet

The National Science Foundation awarded a small contract to the IEEE to host a small two-day meeting on 30 Sept 1994 of selected invitees at the IEEE's Washington DC 18th Street offices on "Name Registration For The '.COM' Domain." Being part of the InterNIC contract oversight committee, I was one of the eight invitees. It turned out in many ways to be the single most important meeting in the long, checkered history of what is today referred to as "the internet," that made an extraordinarily bad decision. more

China Sends a Wake-Up Call to All Multinationals - Are You Awake?

If you visit Marriott's China website today, you're likely to see this (see screenshot). I dumped the text within this page into Google Translate and included below is what it loosely said. So what exactly happened here? Marriott sent a survey in Mandarin to its Chinese loyalty members that referred to Tibet, Macau, and Taiwan as "countries." As readers of this site might know quite well by now, in the eyes of Chinese authorities, this is no trivial oversight. more

New UDRP Filing Fees at Czech Arbitration Court

The Czech Arbitration Court (CAC) has long offered the least expensive (by far) filing fees for complaints under the Uniform Domain Name Dispute Resolution Policy (UDRP), but its fee are about to become more expensive, at least in most cases. CAC's base UDRP filing fee (for a dispute involving up to five domain names and a single-member panel) will increase on February 1, 2018, from 500 euros to 800 euros. As of this writing, that's equivalent to about U.S. $600. more

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