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
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
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
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
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 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
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
As I wrote in December 2015, some Internet commerce companies - including domain name registries, registrars, advertising providers, social media platforms, payment processors and shippers - are doing right by patients in taking voluntary action against illegal online drug sellers. This is no small feat as 97% of the roughly 35,000 active online drug sellers are operating illegally. more
I was recently asked how telcos might come up with new business models for a world where all resources are under software control. The core idea is to match network supply and demand in space and time (and at all timescales). I've typed up my notes for the curious to critique...Today's telco is more like a static utility 'pipe', the way that gas, electric or oil are delivered. It sells direct access to raw network mechanisms, and users buy circuits that offer a fixed bandwidth in space and time. more
One of the most interesting and important changes to the internet's domain name system (DNS) has been the introduction of the DNS Security Extensions (DNSSEC). These protocol extensions are designed to provide origin authentication for DNS data. In other words, when DNS data is digitally signed using DNSSEC, authenticity can be validated and any modifications detected. more
Yesterday Apple declared that as of June 1 all iOS apps submitted to the AppStore MUST support IPv6-only networking. Back at their June 2015 WWDC event, Apple announced that all iOS 9 applications must support IPv6 - the news this week is reinforcing that requirement... As Apple continues to point out, the vast majority of application developers will not need to do anything to support IPv6. more
On April 30, 2016, ICT Ministers of the "G7 group" concluded their deliberations in the beautiful city of Takamatsu, Kagawa prefecture in Japan. After months of preparatory work and two full days of discussions, the ICT Ministers of the USA, UK, France, Italy, Japan, Canada and Germany plus the European Union issued a joint declaration that: recognizes our digitally connected world; commits to mutual goals and, once again; reaffirms the multistakeholder model for the governance issues facing the deployment, development and evolution of the global Internet. more
In a recent post, I argued that the US embargo, the poor state of the Cuban economy and fear of free information had stifled the Cuban Internet at its inception in 1996, but that twenty years later, those constraints were significantly reduced. I suggested that the Cuban Internet was being held back by mundane bureaucracy and political correctness. We got an example of that at the Latin American and Caribbean Network Information Center (LACNIC) conference in Havana this week. more
The OTP, or One-Time Pad, also known as the Vernam cipher, is, according to the NSA, "perhaps one of the most important in the history of cryptography." If executed correctly, it provides uncrackable encryption. It has an interesting and storied history, dating back to the 1880s, when Frank Miller, a Yale graduate, invented the idea of the OTP. Communication was expensive and difficult in the age of telegrams, and few messages were easily encrypted. more
It is not so convincing how the developed world looks at the rest of the hemisphere with the same attitude of equality and control. On one hand there are voices of equality where as in the other there is greed of power and control that lures them with an unending fight of power vs power in safeguarding their own survival. From the participation and development of policies to running the concept of any kind of technology platform, the sense of control and collaboration that catalyzes and leads the overall process. more
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