Featured Blogs

UDRP Complaint: Actually, a Motion for Summary Judgment

Trademark owners (and here I'm talking about those with U.S. registrations even if they are foreign entities) have a choice of forum for challenging alleged cybersquatting domain names. They can either sue in district court under the ACPA, or get a quicker and less expensive result by filing a complaint and asserting a claim under the UDRP. But to get to a quicker and less expensive result everything about the process is accelerated, and this begins with drafting the complaint. more

Are Click Fraud Numbers Being Exaggerated by the Traditional Media?

As you certainly noticed, a lot of traditional media has recently been focusing on click fraud. Is it as big of an issue as it is made out to be, compared to traditional advertising? Unfortunately Eytan Elbaz of Google will not answer this question with statistics, but he lets us know that Google has the problem under control. Here are some notes based on the Click Fraud Session at the Targeted Traffic Conference in Hollywood, Florida last week. more

A Case for Dot-Outlet TLD

This post outlines the correct use of an outlet strategy, points out the value of such a strategy, and the advantages of executing the strategy through a new ICANN top-level domain (TLD) instead of a second-level domain name. Some companies need to signal a brand name with low prices and quality/utility, whether the strategy is for a primary or secondary corporate brand. A successful strategy has to explicitly include lower price and quality. Otherwise, with only a lower price, a brand owner would cannibalize the main brand and cause damage to brand equity. more

ICANN’s New gTLD Process: Hype and Reality

At its 32d International Junket Meeting last week, ICANN's Board approved the GNSO Council's recommendations for the eventual addition to the root of new generic top-level domains (gTLDs). This means that eventually, when the staff drafts, community comments upon, and Board approves implementation processes, those with deep pockets will have the opportunity to bid for new TLD strings... more

ICANN’s Allocation Method for New TLDs

ICANN recently commissioned a report from Power Auctions LLC to investigate the merits of auctioning new Top-Level Domains (TLDs). Below I outline some of the issues related to stakeholder interests and mechanism design... Successfully managing the design of an allocation mechanism for new TLDs will entail coordinating functions across various competencies. To rely on a standard auction mechanism for the allocations would be a historic setback for the domain name industry, as successful allocation design is all in the details. more

3 Processes That Ensure IoT Cybersecurity Compliance

IoT devices have ingrained themselves into almost every aspect of modern life. From home assistants to industrial machinery, it's hard to find a device that isn't connected to a network and gathering data. Despite widespread adoption, IoT cybersecurity compliance remains surprisingly low. A big reason for this is the unique challenges IoT devices pose to operators. more

Can SpaceX Launch 30,000 Second-Generation Starlink Satellites? Maybe

The bottom line is that success is not guaranteed, but neither is failure -- there is a non-zero probability of success. On May 26th, SpaceX applied for permission to launch 30,000 "second-generation" Starlink broadband Internet satellites. (Note that the software on Starlink satellites is updated about once a week). The application narrative states that the second-generation satellites will be configured... more

ICANN: Do Not Allow Closed New gTLDs With Generic Strings

Within the next year, the ICANN Board may well face a decision that will help determine whether ICANN is capable of serving the global public interest or whether it is degenerating into an industry-controlled self-regulatory association. The issue can be framed quite simply: will ICANN approve a process for the creation of a new wave of new generic top level domains that will include "closed generic" gTLDs? more

2012 Security Predictions: APT’s, Mobile Malware and Botnet Takedowns

As the weeks remaining in 2011 dwindle and 2012 peaks out from behind the last page of the calendar, it must once again be that time of year for purposeful reflection and prediction. Or is that navel gazing and star gazing? At the highest level of navel gazing you could probably sum up 2011 with one word -- "More"... But let's put that aside for now. What does 2012 hold in stall for us? more

Have New Domains Had Our Twerking Moment?

There's a lot of .buzz about Google's new holding company, Alphabet. From .NYC to .London to .Tokyo the "new Google" story is making .news everywhere, as the .media large and small speculates on what it means for the .online and .tech industries, and beyond. After all, as one of the .top brands and companies in the .world, when Google makes a move it can have .global impact. more

The GAC Strikes Back

Last week in Prague, the GAC (Government Advisory Committee) relentlessly hammered ICANN over a range of issues relating to the new gTLD program. And while their criticisms were legitimate, one has to wonder to what extent governments were punishing ICANN for past offenses. At the same time, the ICANN board and management seem to have finally - much belatedly - figured out how important it is to maintain a constructive and positive relationship with governments. more

Domain Names Identical to Trademarks But No Likelihood of Confusion

Confusion is a basic element in both cybersquatting and trademark infringement. It appears twice in the UDRP; once in paragraph 4(a)(i) in the adjectival phrase "confusing similarity", and once in paragraph 4(b)(iv) in the phrase "likelihood of confusion." Each use of the distinctive phrases is directed to a different observer. More of this in a moment. The first relates to standing; the second to infringement. Unless a party has standing it can have no actionable claim. more

Domaining Registrar Defeats Cybersquatting Lawsuit: Philbrick v. eNom

Philbrick's Sports is a New Hampshire retailer of sporting goods. eNom's customer registered two domain name variants of Philbrick Sport's website. When the customer didn't pay eNom, eNom took the names back for itself... Each of these domain names were parked with Yahoo, who displayed sponsored ads on the domains. Philbrick's then sued eNom, claiming cybersquatting and trademark infringement. more

The Pay-To-Play Reality of ICANN’s Inclusion Illusion

ICANN's chairman says meetings offer special "circumstantial opportunity"; recent estimates peg average annual expense for attending at $30,000 per person. Oops - he's done it again. The latest blog update from ICANN's current board chair needs - no, it demands - a spotlight on what is revealed in plain and unashamed language. Indeed, this communique - along with another recent blog post that I've previously commented on - captures in exquisite relief what has gone terribly, horribly wrong at ICANN. more

Zango Verdict is Good News for Spam Filters and Blacklists

Zango, a company that used to be called 180 solutions, has a long history of making and distributing spyware. (See the Wikipedia article for their sordid history.) Not surprisingly, anti-spyware vendors routinely list Zango's software as what's tactfully called "potentially unwanted". Zango has tried to sue their way out of the doghouse by filing suit against anti-spyware vendors. In a widely reported decision last week, Seattle judge John Coghenour crisply rejected Zango's case, finding that federal law gives Kaspersky complete immunity against Zango's complaint... more