There is a misconception among some trademark owners and their counsel that passive holding of domain names alone or combined with lack of rights or legitimate interests supports abusive registration. Thus, Respondent's inactive use of the disputed domain name demonstrates bad faith. Respondent also had actual knowledge of Complainant's YOU ASKED FOR IT mark as Complainant has attempted to buy the domain from Respondent... more
Human rights are a topic that came up several times at the IETF meeting that just ended. There's a Human Rights Research Group that had a session with a bunch of short presentations, and the featured two talks at the plenary asking, 'Can Internet Protocols Affect Human Rights?' The second one, by David Clark of MIT, was particularly good, talking about "tussle" and how one has to design for it or else people will work around you. more
My assertion is that the Internet Engineering Task Force (IETF) is an institution whose remit is coming to a natural end. This is the result of spectacular success, not failure. However, continuing along the present path risks turning that success into a serious act of wrongdoing. This will leave a social and political legacy that will tarnish the collaborative technical achievements that have been accumulated thus far. more
The Internet was built on the promise that everyone, everywhere could create, share information and ideas without frontiers. Yet, Internet restrictions are increasing to the point they are becoming the norm. And it's happening fast. In its 2016 Freedom on the Net report, Freedom House revealed that Internet freedom declined for the 6th year in a row. The report notes that more governments have been blocking social media and communication apps than ever before. more
As digital transformation has been picking up momentum, leading analysts such as 451 Research have suggested that hybrid multi-clouds and automated DevOps will become key constituents powering enterprises in the new era. At the heart of these enabling technologies lies Lifecycle Service Orchestration (LSO) designed for near-autonomous application deployment across hybrid infrastructures consisting of traditional on-premise data centers and public clouds. more
Many participants in the latest ICANN meeting in Copenhagen asked that same question: "when is the next round of the ICANN new gTLD program?". If the question came from new gTLD service providers, I also noticed that it was different from "the first round": now the question focuses more on .BRANDs rather than Generic TLDs dedicated to selling domain names. The question also comes more from representatives of certain Trademarks who want to acquire a .BRAND domain name extension. more
The lexical material from which trademarks are formed is drawn from the same social and cultural resources available to everyone else, which includes domain name registrants. Since trademarks are essentially a form of communication, it is unsurprising that a good number of them are composed of common terms (dictionary words, descriptive phrases, and shared expressions) that others may lawfully use for their own purposes. more
In most industries, businesses that blatantly act against the interests of their customers to favor their own internal profit centers would either not be allowed or else subject to controls and oversight by the government. It is universally regarded as an unfair and deceptive business practice. In the domain name registrar business, however, the normal practices of legitimate business dealings and customer protection seem woefully wanting. Kelly's Case described here illustrates the point... more
TL;DR? It's worth reading, BUT, if not -- ICANN has yet another group looking at WHOIS, and there is a huge push to redact it to nothing. I spend easily half my day in WHOIS data fighting online crime, losing it would not make my job harder, it will make it impossible. PLEASE JOIN THE ICANN GROUP and help us fight back against people who are fighting in favour of crime. more
Today, we are in a way naturally connected to automation and robotics. In the industrial revolution, people realized that many tasks could be performed better and more efficiently by a machine. The rise of our dependence on technology has greatly risen since then, and thanks to scientific and technological advancements, we are on the breach of a new era. more
It is one of those oddities that occurs around Washington from time to time. During the same hour today, the Federal Communications Commission (FCC) was meeting at its downtown headquarters trying to stop robocalls, while a large gathering of government and industry cybersecurity experts were meeting a few miles away at Johns Hopkins Applied Physics Lab advancing the principal means for threat information sharing known as STIX. more
The Uniform Rapid Suspension System (URS) -- which allows a trademark owner to suspend certain domain names, especially those in the "new" gTLDs -- was designed as a quicker and less-expensive alternative to the Uniform Domain Name Dispute Resolution Policy (UDRP). As I've written frequently before, there are significant differences between the URS and the UDRP. One of those differences is how long a typical proceeding lasts. more
I recently ran a workshop in Asia and to guide attendees through the content; I put together an overview slide which you might also find of interest and use. It is a description of the quality attenuation framework, originally developed and defined by Predictable Network Solutions Ltd, and documented and extended by myself and colleagues at Just Right Networks Ltd. more
The last few years have been challenging ones for members of the Canadian International Pharmacy Association. First, in 2010, they lost their ability to advertise in the US search space after the US Department of Justice noted that many seemingly "Canadian" pharmacy websites "sell drugs obtained from countries other than Canada" when shipping medicines into the US, and major search advertising programs tightened their policies, effectively excluding CIPA's members from advertising in the US. more
The breach of the Democratic National Committee e-mail system and a massive digital advertising fraud believed to be run by alleged actors in Russia share a common thread beyond their ability to capture the news cycle. Although each event targeted a different weakness in brand/online security platforms, the common denominator is the use of fraudulent domain names. more
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