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
Ever since I published an essay exploring the relationship between climate change and the Internet, I have endeavored to bring this subject to the fore as often as possible (and in relevant fora and discussions) since the responsibility of creating a more sustainable world falls on all communities and stakeholder groups. It is particularly pressing now -- at a time when international interest in curbing climate change is strengthening, while it is juxtaposed with the receding commitments of the United States government... more
Last week the Alliance for Safe Online Pharmacies (ASOP Global; www.BuySafeRx.pharmacy) presented its inaugural Internet Pharmacy Safety E-Commerce Leadership Award to two organizations during the Generic Names Supporting Organization (GNSO) Joint Meeting of the Registries and Registrars Stakeholder Groups at ICANN58 in Copenhagen, Denmark, it was announced on Tuesday. more
Time to brush the dust off your Computer II notebooks. Are voicemail, electronic fax, and call forwarding enhanced services or telecom services? Today's case: FTC v. American eVoice, Ltd... The FTC brought an action against Defendants claiming that they were engaged in cramming, adding unwanted voicemail, electronic fax, and call forwarding services to consumers bills to the tune of $70 million. more
The Uniform Domain Name Dispute Resolution Policy (UDRP) was designed as a quicker and less-expensive alternative to litigation. Although the UDRP policy and rules provide strict timelines for various stages of a UDRP case, how quickly a dispute is actually resolved can vary based on numerous factors. A typical UDRP case results in a decision in about two months, but the facts of each case -- including actions both within and outside the control of the parties -- may shorten or extend that timing. more
Two of the hottest trends in networking today are network dis-aggregation and SDN. This is great for many reasons. It's also confusing. The marketing hype makes it hard to understand either topic. SDN has become so vague that if you ask 10 experts what it means, you are likely to get 12 different answers. Network dis-aggregation seems straightforward enough until it gets confused with SDN. We need to take a step back. In a recent Packet Pushers blog post; I start with a simple explanation of each of these trends and then map how they interact. more
To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in using the mark in commerce; and secondly, have a mark strong enough to rebut any counter argument of registrant's right or legitimate interest in the string. A steady (albeit small) number of owners continue to believe it's outrageous for registrants to hold domain names earlier registered than their trademarks and be permitted to extort amounts far "in excess of [their] documented out-of-pocket costs directly related to the domain name." more
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