Sell a trademark as a keyword for directed search or online auctions and make $billions. But use a trademark in a domain name for direct search and lose the domain, or worse. The gap between how trademark law treats the two species of search has grown wider in the wake of several landmark 2010 trademark law decisions -- and provides another sound reason why ICANN should not establish any new rights protections for new generic Top-Level Domains (gTLDs) beyond those STI-RT compromise positions already included in the fourth version of its Draft Applicant Guidebook (DAGv4). more
What surprises me about the Google/Verizon deal is not that they have come to agreement, but that they have taken so long to do so. What they have agreed to is essentially what I proposed they do back in 2006. What Google want and what Comcast, Verizon and the carriers want is not and was not incompatible. more
A new book by Dr. Konstantinos Komaitis (Lecturer in Law at the University of Strathclyde) provides a passionate yet legalistic and well-researched overview of the legal, institutional and ethical problems caused by the clash between domain names and trademarks. This is really the first decent book-length treatment of what is now a decade and a half of legal and political conflict between domain name registrants and trademark holders. more
Bulgaria is a nation which is directly impacted by the current Fast Track automatic disqualification when Top-Level Domain (TLD) strings are "confusingly similar" to other TLDs, in this case an Internationalized Domain Name (IDN) country code Top-Level Domain (ccTLD). Bulgaria has already been declined twice (in late 2009, and in May of 2010) to register the *.?? Cyrillic IDN on the premise that it looks confusingly similar to Brazil's *.br ASCII TLD. Being a native Bulgarian, I did not see how these two strings are similar more
Linguistic Internet is becoming stronger with the first leap to develop non-Latin applications, as Arabic Language SSL Certificates has been launched by M/s ArabicSSL with the support of Live Multilingual Translator and The Multilingual Internet Group. This step is highly appreciable because this will ensure the security and stability and develop trust over new Internet layers of Internationalized Domains (IDN TLDs). more
It's hard to know what to make of the Google/Verizon deal since until earlier today both companies have denied that there is one. And it's hard to argue about net neutrality because it means so many different things to different people. I've got lots of reading to do to catch up on the newly released set of principles from the companies, but in the meantime here are a few thoughts on the topic. more
Over the past few weeks, regulators have rekindled their interest in an online Do Not Track proposal in hopes of better protecting consumer privacy. ... There are a variety of possible technical and regulatory approaches to the problem, each with its own difficulties and limitations, which I'll discuss in this post. more
Earlier today, Google and Verizon offered a widely publicized "Proposal for an Open Internet." There's been extensive comment with lots of reasons not to like it, but one I haven't seen is that the proposal would make it much harder to filter so-called "mainsleaze" spam. ... The problem is that under the pitifully weak CAN-SPAM law, a lot of spam is entirely legal. more
Google and Verizon have developed a "Proposal" on Internet access which I am sure they expect to serve as a template, starting point and frame of reference going forward. In light of the FCC's judicial reversal in the Comcast case, the absence of substantive progress at the FCC and the unlikelihood of congressional action, two major stakeholder can and have taken the lead. It should come as no surprise that Verizon and Google have emphasized and begrudgingly compromised on their corporate interests. more
Over three years ago ICANN boldly announced that the top level of the domain name system would be opened up to new registry operators. As we now approach a likely spring 2011 launch, a number of key issues remain unresolved including how trademarks will be protected. more
The Internet Service Provider (ISP) community is carefully watching the impending depletion of the unassigned IPv4 address pool. Most estimates place the depletion of the central pool of unassigned IPv4 addresses by mid-2011. After that, each Regional Internet Registry (RIR) will continue to satisfy requests for additional IPv4 space for a limited time (depending on the rate of incoming requests and the amount of address space on hand in the RIR at the time of central pool depletion). more
War, famine, pestilence and death. They fought for the last IPv4 addresses, hoarded and sold them at outrageous prices, traffic and commerce came slowly to a halt... Pestilence invaded the internet... Bandits roam the lands. A retired general told recently that the internet looks like the North German plains, easy to invade. Cyberwar and Cybersecurity are becoming mainstream subjects and have increasing Government attention. more
If the rise of phishing has taught us anything, it's that on the Internet, if a digital asset has value, there's somebody out there who wants to steal it. Whether it's a bank account password, a credit card number, a PayPal login, or even a magic sword in an online game, there's a fraudster somewhere trying to misappropriate it for his or her own nefarious purposes. Domain names have always been a target for such criminals. more
In my last post I discussed some questions that remain about ICANN's generic Top-level Domain (gTLD) budget. Today I discuss the rights protections mechanisms as they currently appear. An economic study commissioned ICANN to analyze the new gTLD process recently concluded that "the biggest likely costs" of approving new gTLDs are "consumer confusion and trademark protection." more
Net neutrality is a complex issue with some strongly opposed views that at times sound more like religion than sensible argument, so this article is an attempt to provide some sense for those still not completely sure what it is all about. Be warned though, that this article is not an unbiased appraisal of the arguments, it is written from the perspective of a confirmed net-head. more
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