Featured Blogs

What’s So Outrageous Asking High Prices for Domain Names?

Panels appointed to hear and decide disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) have long recognized that three letter domains are valuable assets. How investors value their domains depends in part on market conditions. Ordinarily (and for good reason) Panels do not wade into pricing because it is not a factor on its own in determining bad faith. more

The Suitable Defendant Rule: In Rem Jurisdiction under the ACPA

The Anticybersquatting Consumer Protection Act (ACPA) creates two distinct avenues by which mark owners may seek a remedy for cybersquatting. A person who is a suitable defendant under 15 U.S.C. §1125(d)(1)(A) is one over whom the court has in personam jurisdiction. However, if the mark owner is "not able to obtain in personam jurisdiction over a person who would have been a defendant" in the ACPA action, then "[t]he owner may file an in rem civil action against a domain name in... more

The $100 Billion National Broadband Plan for America

The new Biden Administration in the USA laid out a $100 billion proposal for broadband investment as part of its $2 trillion+ infrastructure plan. Under the proposal, the plan is to provide national broadband coverage. The Administration will use better competition measures, such as price transparency, the use of public utility infrastructure, and subsidies for low-income households to achieve its goals. more

Fraudulent Transfer: Recovering Stolen Domain Names

Either because of laxness on the part domain name holders or cunning on the part of thieves, registrars have been duped into transferring domain names to fraudsters' accounts. I discussed the matter last year in Recovering Domain Names Lost to Fraudulent Transfer. These cases are mostly filed in the Eastern District of Virginia, Alexandria Division, for the good reason that the registry for dot com is located in that jurisdiction and they are mostly recovered. more

The Future of .COM Pricing

When you've been around the domain industry for as long as I have, you start to lose track of time. I was reminded late last year that the 6-year agreement Verisign struck with ICANN in 2012 to operate .com will be up for expiration in November of this year. Now, I don't for a second believe that .com will be operated by any other party, as Verisign's contract does give them the presumptive right of renewal. But what will be interesting to watch is what happens to Verisign's ability to increase the wholesale cost of .com names. more

Implications of ICANN’s New TLD Disqualification Policies and Cybersquatting 3-Strike Law

ICANN's proposed final applicant guidebook unraveled some new policies that would disqualify applicants from the new TLD program. ICANN states that if you lose 3 UDRP cases, you will be disqualified from being a major shareholder, partner, officer, director of a new top-level domain registry... Has ICANN opened a new can of worms with the 3-strike rule? more

Trademarks vs Domain Names: Dictionary Words, Common, Combinations, and Arbitrary Letters

The typical daily accounting of decisions filed in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) may include an award or two dismissing complaints (three is particularly noteworthy: weddingfleamarket.com, dme.com, and scheduleflow.com from the Forum for January 20, 2018), but overwhelmingly complaints are granted not dismissed. Let us imagine a trademark or service mark that is neither a dictionary word nor composed of common combinations, would anyone be surprised when the Panel rules in Complainant's favor? more

False Expectations: Attorney’s Fees and Statutory Damages in ACPA Actions

There is a degree of dread in the investor community that prized domain names will be forfeited to trademark owners in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). Since the UDRP has no internal appeal mechanism to correct errors of law or judgment, the sole recourse is an action in a court of competent jurisdiction as spelled out in UDRP paragraph 4(k). In the U.S., this would be a district court under the Anticybersquatting Consumer Protection Act (ACPA). more

Blockchain Technology Can Solve Some of Africa’s Problems

Lately, the word blockchain is gaining a lot of attention from businesses, investors and governments, especially around how it could transform how we do business today. As the world looks up to Blockchain technology for radical transformations in many industries and sectors, I want to take a look at how it could help governance in Africa.
The African continent is plagued with corruption, bad governance, mismanagement and lack of accountability. more

ICANN Takes “Fail” To A Whole New Level

Today is April 12 2012. It's also meant to be the day that the new TLD application window closes. Now it's not. ICANN has spectacularly failed to manage the new TLD process and will miss its own deadline by over a week... In a rather badly worded announcement ICANN states that it's extending the deadline for online applications (the only way to apply) until April 20th at 23:59 UTC. more

DNSSEC is But One Link in the Security Chain

As the implementation of DNSSEC continues to gather momentum and with a number of ccTLDs, and the '.org' gTLD having deployed it into their production systems, I think it is worth pausing to take a look at the entire DNSSEC situation. Whilst it is absolutely clear that DNSSEC is a significant step forward in terms of securing the DNS, it is but one link in the security chain and is therefore not, in itself, a comprehensive solution to fully securing the DNS system. more

Software Insecurity: The Problem with the White House Cybersecurity Proposals

The White House has announced a new proposal to fix cybersecurity. Unfortunately, the positive effects will be minor at best; the real issue is not addressed. This is a serious missed opportunity by the Obama adminstration; it will expend a lot of political capital, to no real effect... The proposals focus on two things: improvements to the Computer Fraud and Abuse Act and provisions intended to encourage information sharing. At most, these will help at the margins; they'll do little to fix the underlying problems. more

The FCC Cyber Trust Label Gambit: Part II

Sixty years ago, Paul Baran and Sharla Boehm at The RAND Corporation released a seminal paper that would fundamentally reshape the cyber world forever more. Their paper, simply known as Memorandum RM -- 1303, described how specialized computers could be used to route digital communications among a distributed universe of other computers. It set the stage for a flood of endless developments that resulted in the interconnected world of everything, everywhere, all the time. more

Psst! Do You Know Anyone Developing Blockchain Applications?

The International Trademark Association's Blockchain Subcommittee is interested in meeting companies working on Blockchain applications related to intellectual property. The Blockchain Subcommittee's mission is to explore the use of blockchain technology in trademark prosecution, maintenance, protection, and practice, including the opportunities and threats to the value of trademarks, brands, and consumer trust in emerging blockchain technologies. more

Where Every Phisher Knows Your Name

Spear phishing is the unholy love child of email spam and social engineering. It refers to when a message is specifically crafted, using either public or previously stolen information, to fool the recipient into believing that it's legitimate. This personalization is usually fairly general, like mentioning the recipient's employer (easily gleaned from their domain name.) Sometimes they address you by name. Much scarier is when they use more deeply personal information stolen from one of your contacts... more