Featured Blogs

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

Project 2025: The Internet and Cybersecurity

As the saying goes, elections have consequences. The consequences are underscored in the recent U.S. Presidential election and the potential impact on the Internet, infrastructure and cybersecurity. In the context of the CircleID global community, it seems worth asking where things are headed? It does beg for an analysis of what is actually proposed in Presidential Transition Project 2025 related to things internet and cybersecurity. more

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

Fear of New gTLD Monopolies Is Overblown

You should not worry too much if some of the new generic Top-Level Domain names (gTLDs) become monopolies. ICANN and the registries won't charge monopoly prices as long as they have to worry about the government stepping in. Monopolies normally present two problems for consumers: restricted output and higher prices. In the case of the new gTLDs, restricted output is caused only by ICANN's monopoly over approving gTLD applications. 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

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

Defending the Core: Why Internet Values Matter More Than Ever

In today's rapidly shifting digital landscape, the question of whether the Internet can retain its foundational values has never been more urgent. As it increasingly permeates every aspect of human activity - from communication and commerce to governance and geopolitics - the Internet has evolved into both a shared global commons and a contested arena of power. At stake are its core values: global connectivity, openness, interoperability, decentralization, the end-to-end principle, robustness and reliability, and freedom from harm. 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

Tracking the Line that Separates Cybersquatting from Trademark Infringement

The Uniform Domain Name Dispute Resolution Policy (UDRP) is a rights protection mechanism crafted by the World Intellectual Property Organization (WIPO) and adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) for trademark owners to challenge the lawfulness of domain name registrations. Cybersquatting or abusive registration is a lesser included tort of trademark infringement, and although the UDRP forum is not a trademark court, as such, in some ways it is since it empowers (assuming the right alignment of facts) to divest registrants of domain names that infringe a complainant's trademark rights. more

Generic Top Level Domain Insights for Q3 2015

Participants in the recently released Global Consumer described new generic Top Level Domains (gTLDs) as being "innovative", "trustworthy", "interesting", "informative", and "cutting edge". With such impressive descriptions, it appears that the industry has made significant progress in reaching the tipping point. Although Q3 reflects growth, it also highlights the varying degrees of performance and need for further advancement in developing consumer awareness and in turn, the health of the industry. more

61 Businesses Tell ICANN New TLDs Are Needed to Help Consumers, Encourage Innovation, Avoid Chaos

Sixty-one businesses, organizations, and individuals, including many of the domain industry's major players, yesterday sent a letter to ICANN, detailing the reasons why new top-level domains are required without delay. If you're interested in top-level domains, or if you just want to understand why they are important to the Internet, this letter lays out the reasons clearly and succinctly, with a minimum of jargon. more

Cisco: P2P Flat in North America? Some Experiencing Major Growth

North American p2p went from 370 petabytes in 2006 to only 416 petabytes in 2007 according to Cisco's figures. Since U.S. users increased 16% in the same period, that's a drop in p2p per user and a significant drop in p2p as a percentage of all traffic. There's a major margin of error in these figures, so I'm calling it "flat." That's very different from pre 2007 experience, when p2p grew rapidly. It severely contradicts what many in Washington D.C. are saying... more

What is Good Policy for a Domain Name Registry?

Back from the holidays I must admit I was thinking quite a bit on what is good policy for a registry? Of course I have my own personal favorites that I can not walk away from easily, but instead of thinking for too long, I decided to write down now immediately what is in my head. The main reasons for this are two: the decision by ICANN to change the rules for change in policy regarding the Add Grace Periods. more

A Consociational Bureau for the Internet Governance Forum

The principle that Internet governance "is a joint effort which requires cooperation and partnership among all stakeholders" (Geneva Declaration of Principles, para 20) has become axiomatic since it was first agreed at WSIS, and is fundamental to the IGF as a "new forum for multi-stakeholder policy dialogue" (Tunis Agenda, para 72). However at the same time as this principle has been universally embraced, some of its implications, that would require the four stakeholder groups identified in the Tunis Agenda to collaborate on the development of joint policy recommendations (Tunis Agenda para 72(g)) have met with resistance. That the strongest resistance has come from those stakeholders with the greatest investment in the existing Internet governance regime... more

DNSSEC Adoption Part 3: A Five Day Hole in Online Security

Implementing security requires attention to detail. Integrating security services with applications where neither the security service nor the application consider their counterpart in their design sometimes make plain that a fundamental change in existing practices is needed. Existing "standard" registrar business practices require revision before the benefits of the secure infrastructure foundation DNSSEC offers can be realized. more