Featured Blogs

Marketo’s Path to Being Acquired

Happy Early Memorial Day. Once an ESP or marketing automation company declares itself for sale, there seems to be a mass exodus by investors, which sends up a red flag, (well in this case, a red & white striped flag). This past week there were rumblings about the potential suitors for Marketo. While it is rumored that German company SAP is the front-runner, there are many other potential suitors circling the marketing automation software company. more

Strategic Use of Screenshots from the Wayback Machine

Internet Archive contains a vast library of screenshots of websites that its Wayback Machine captures sporadically over the course of domain names' histories. While it doesn't compile daily images it opens a sufficient window to past use which is unique, invaluable, and free. (There are also subscription services, but they come at a hefty cost!). How it's used (and why the Wayback Machine should be in a party's toolkit) for supporting and opposing claims of cybersquatting is illuminated in a number of recent UDRP cases. more

The Irritating Irresolution of ICANN Jurisdiction

The ICANN community review and Board approval of the draft Bylaws intended to implement the Work Stream 1 (WS1) recommendations of the Cross-Community Working Group on Accountability (CCWG-ACCT) are nearing completion. As we approach that marker, it is worth remembering that a major impetus for the approaching transition of IANA functions control away from the U.S. Government (USG) to the multistakeholder community was the notion that termination of the remaining "clerical function" performed by the USG within the context of the current IANA contract would dampen criticism of ICANN's relationship with the USG... more

Cruz Sees Himself as Protector of Internet Freedom

It looks like Senator Cruz' letter writing campaign isn't going to end any time soon. While previously the Senator and former US presidential hopeful was happy exchanging salvoes with ICANN he's now switched gears and is instead focussing on NTIA and the US Department of Commerce. The latest letter is focussed on a very strange interpretation of the IANA transition proposals. more

Using Data to Amplify Your Business

The digital realm is bursting with data. The buzz words of today are "big data," and I know you've heard them. There's a reason why. It can boost business in extraordinary ways. But how? Let's first look at what exactly big data is: enormous collections of information developed either internally from the company itself or from a vast array of new media. At times, this data is so large, it cannot be analyzed using standard means of examination. more

.Canon, .Nikon and the Other Twenty Plus Photography-Related TLDs

A few days ago, Canon announced its move to a new domain name using its ".canon" extension, but did you know that there is a .NIKON new gTLD too? While the photography industry strengthens its presence online with these two major trademarks launching their dedicated top-level domains, there are a lot more generic extensions in the world of photography. more

Canon Takes Its .brand to the World, Moves Its Global Site to .CANON

As the .brand movement continues to gain momentum across the globe, this week's announcement of yet another high-profile .brand launch was fantastic news for the industry. Japanese powerhouse Canon publicly announced the transition of its global homepage from www.canon.com to www.global.canon and even created a simple, yet powerful image to highlight the innovative move. more

U. S. Government Blasts China’s Draft Domain Regulations

In an unexpected move, the two top U.S. officials charged with the Obama Administration's Internet policy have issued a joint statement severely criticizing draft Chinese domain policies. On May 16th, the State Department's Ambassador Daniel A. Sepulveda and NTIA's Assistant Secretary for Communications and Information Lawrence E. Strickling issued an official statement titled "China's Internet Domain Name Measures and the Digital Economy". more

Proving Common Law Rights Predating Domain Name Registration

The trademark rights required for standing under paragraph 4(a)(i) of the Uniform Dispute Resolution Policy (UDRP) refer to both registered and unregistered rights. Complainants with registered trademarks satisfy the requirement by submitting their certificates of registration. However, and not surprisingly, complainants with unregistered trademarks have to demonstrate that the alleged marks qualify as such, which requires that complainants prove both secondary meaning of the marks and their distinctiveness prior to the registration of the domain name. more

Dot Brand - Is Financial Industry Really Leading the Pack?

There are lots of emotions and hypothesis around the new gTLD programme. Is it a success, is it a failure? Is it coming too late, in a world ruled by search and apps? We try to measure that success through traditional metrics, such as number of registrations, parking ratios etc. -- for applicants, the success is quite often the revenue and profit generated. When it comes to dot brands, we have lots of anecdotes about launches, but is that representative of the activity? Metrics of success will depend on the brand strategy and the way the dot brand helps the business reach their objectives. Keeping an empty registry may be a success if your strategy is purely defensive! more

Know Someone Who Has Made the Internet Better? Postel Award Nominations Deadline May 18

Do you know of someone who has made the Internet better in some way who deserves more recognition? Maybe someone who has helped extend Internet access to a large region? Or wrote widely-used programs that make the Internet more secure? Or maybe someone who has been actively working for open standards and open processes for the Internet? more

Moving Towards a Better (Not Just a Bigger) Internet

Those of us who have been working on IPv6 for over 15 years know what it means to be an advocate for an infrastructure technology that cannot be easily tied to new revenue or short-term risks. It is a battle on an icy uphill slope with head winds and a gallery of skeptics who call themselves realists and cheer your every bruise. This has often made us cheer any news of a new IPv6 deployment, as a means to keep faith. However in doing so, it sometimes made us overlook the substance of that news... more

Is the Internet a Tobacco Product?

Audacity by federal policy makers can be admirable, at least in some cases, but it can a bit more problematic in others. A case in point is the Food and Drug Administration's "deeming" of the internet to be a tobacco product. The FDA explained that it was exercising its authority under the Family Smoking Prevention and Tobacco Control Act which gave the agency an extensive set of duties, responsibilities and authorities over "tobacco products." more

Is the Internet Fragmenting? Join the Discussion Live - Tuesday, May 10, at 3:30pm US EDT

Is the global, open Internet moving away from a network of networks that is universally accessible to a series of networks fragmented along policy, technical or economic lines? As some governments pass laws related to data localization and restriction of cross-border data flows, what will the impact be? What about the increasing use of DNS and content filtering? What other factors have the potential for causing fragmentation? more

Who Contacts Whom: A Material Factor in Selling Domain Names Corresponding to Trademarks

Acquiring domain names for the purpose of selling them to complainants is the second most heavily invoked of the four circumstances that are evidence of abusive registration. Because no self-respecting domain name reseller will ever admit to acquiring domain names "primarily for the purpose" of selling them to complainants "for valuable consideration in excess of [their] documented out-of-pocket costs directly related to the domain name" evidence of bad faith is typically deduced by other factors. more