In the second part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations is examined with respect to the trademark's characteristics. The first part of this article can be found here. In assessing whether there is a passive holding of a domain name, panels look carefully into the trademark's characteristics in question, namely what is the degree of reputation and distinctiveness of the trademark in question. more
With the same made-for PR timing that prompted a previous seizure of domain names just before shopping's "Cyber Monday," Immigration and Customs Enforcement struck again, this time days before the Super Bowl, against "10 websites that illegally streamed live sporting telecasts and pay-per-view events over the Internet." ICE executed seizure warrants against the 10 by demanding that registries redirect nameserver requests for the domains to 74.81.170.110, where a colorful "This domain name has been seized by ICE" graphic is displayed. more
I recently appeared on the 419 Consulting podcast to discuss the European Union's NIS 2.0 Directive and its impact on the domain name ecosystem. I encourage all TLD registries, domain name registration service providers, and DNS operators to listen to the recording of that session which Andrew Campling has made available. more
With all of the buzz around apps & app stores it would be easy to assume that mobile apps have unstoppable momentum and that the mobile web is taking a back seat. It's worth taking a step back to see how this is all going to pan out. Will mobile apps dominate completely and overwhelm the mobile web or does the mobile web still stand a chance? more
In his article titled, "End of Life Announcement", John Walker (author of the Speak Freely application) makes a few arguments about Network Address Translation (NAT) that are simply not true: "There are powerful forces, including government, large media organisations, and music publishers who think this situation is just fine. In essence, every time a user--they love the word "consumer"--goes behind a NAT box, a site which was formerly a peer to their own sites goes dark, no longer accessible to others on the Internet, while their privileged sites remain. The lights are going out all over the Internet. ...It is irresponsible to encourage people to buy into a technology which will soon cease to work." more
Byte Level Research has published a map that illustrates not only all 245 country codes but the size of each country and territory. The map is quite up to date and comprehensive including country codes for such places as Svalbard (.sj), Southern Georgia (.gs), and Bouvet Island (.bv), which is uninhabited. "Today, companies must register as many as a hundred country codes to be competitive globally -- and protect their intellectual property. This map helps professionals keep track of all these country codes -- and see where the Internet is headed. For example, China is on pace to have the most popular country code on the planet by 2012," said Yunker," said John Yunker, president of Byte Level Research and developer of the map. more
It has become very clear once again: the domain industry won't stop. The scenario we know today is constantly changing, and our industry adapts to the changes taking place in society and the economy. Thanks to its versatility, the domain industry continues to amaze with some big changes year after year. This sector has its own peculiarities, rules, and opportunities for all stakeholders involved. more
Universal Acceptance is the topic of the moment, explained in one simple sentence: in the new gTLD world, it means that various groups (the DNS, ICANN and a few others) are working hard to make new domain names better accepted by the existing technical Internet infrastructure. A video extracted from the "ICANN 52" meeting explains it in 50 slides but I suggest a pause on slide 17, because it shows where the issues are and what remains to be fixed to give the ultimate answer to that question. more
When it comes to stealing domain names, I suspect that there are two reasons why so many web bandits appear to be immune from ICANN (the Internet Corporation for Assigned Names and Numbers uses the acronym ICANN): the first reason I discussed in my last column on domain name theft (where I described a substantive void in domain name "regulation" as a primary factor for the increasing incidence of domain name theft), the second reason, which is the focus of this column, is the procedural anomaly that currently infuses ICANN's uniform dispute resolution process (UDRP) by providing no administrative forum for domain name registrants who become victims of domain name theft carried out by ICANN's registrars. more
The financial industry is all about pinstripe suits, excessive Excel sheets and boring data. Or is it? Financial markets are more colorful than their reputation: take a look at Bloomberg's or Reuters' sites, and you'll see that pork belly is as much an object of investment speculation as coffee, electricity, bananas, hides, or fishmeal. Recently, the universe of data available to financial analysts and investment bankers grew further, with the addition of the Internet Domain Name Index (IDNX) to leading financial data distributors Bloomberg (ticker symbol: IDNX <Index>) and Reuters (ticker symbol: .IDNX). more
Qtel, the largest carrier in Qatar (and nearly the only Internet provider) appears to connect all their users (~600K) to the Internet through just one or a very few public IPv4 addresses. 82.148.97.69 was their single public address in 2006-2007. How can network address translation (NAT) put all those users through just one IP address? more
I'm sitting here at the Inbox conference on e-mail, and listening to an encouraging, plays-nicely-with-other-children talk from Ryan Hamlin, GM of anti-spam technology and strategy at Microsoft. Over the past couple of months, with evidence abounding at this conference, a number of big industry players have been getting together to fight spam. Most significantly, Microsoft, Yahoo! and AOL - plus a bunch of (other) ISPs are getting together behind a single standard for "Sender ID " - (actually, server authentication) name not yet determined... more
After voting on the Comcast order today, Kevin Martin and his Democratic Party colleagues issued press releases telling us how they saved the Internet from Comcast's discriminatory practices, but they've failed to release the actual order they adopted and subsequently re-wrote. Commissioner McDowell wasn't allowed to see the revised order until 7:00 PM the night before the meeting. Rumor has it that high-level spin doctors are still trying to remove all the rough edges, inconsistencies, and factual errors. more
A case study by Efficient Frontier mentions how using the Google Adsense for Domains network doubled the conversion ratio of search ads for their clients. According to their website, "Efficient Frontier manages more than $400 million in annual PPC spend under management, counts 80 of the top 500 search advertisers as clients and manages over 30 million keywords"... "When we analyzed the results, we were shocked. We didn't expect to see that domain park sites can bring in the quality of traffic necessary..." more
Message to ICANN: Let those who want to create a TLD, simply register it with ICANN. If the TLD is not already taken, if they have the technical capability to mange the TLD, and they have the desire to market domain names on that TLD, then let them do so. ...Do you present a businesss plan to the city you live in before they allow you a business license? Does the city ask you to prove you are financially stable before issuing you a business license? If you apply for a business license to open a clothing store, does the city ask how you will run your clothing store or if you have the necessary expertise to run a clothing store? Does the city think you will hurt them economically if your clothing store goes out of business? No, it's none of their business... more
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