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
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
In November, 2016, SpaceX filed a request for approval to launch 4,425 Internet-service satellites using the Ku and Ka frequency bands. The satellites were expected to measure 4 x 1.8 x 1.2 meters. In February, 2018 SpaceX launched two Internet-service test satellites - TinTin A and B - that measured only 1.1 x .7 x .7 meters. Why the size difference? more
My Twitter feed has exploded with lots of theorizing about whether or not North Korea really hacked Sony. Most commentators are saying "no", pointing to the rather flimsy public evidence. They may be right -- but they may not be. Worse yet, we may never know the truth. One thing is quite certain, though: the "leaks" to the press about the NSA having concluded it was North Korea were not unauthorized leaks; rather, they were an official statement released without a name attached. more
Over the past 30 months, since Trump was installed in the White House, he has systematically abrogated US treaty responsibilities and diminished the nation's engagement in international collaborative activities. More recently, his gambits have expanded to market entry, chip component, and software restrictions on Chinese telecommunication equipment vendors, especially Huawei. more
ICANN has started its historic and controversial program to expand the number of generic Top-Level Domains (gTLDs). This essay outlines the factors needed for the program to create economic value, warns against a cognitive trap that complicates selection of a new gTLD and considers the value contribution of the registries. I will not go into relevant macro measures, but I examine the problems associated with the popular measure of simply counting the number of registrations. more
It's no secret that the supply of IPv4 addresses, on which the Internet has been based since the dawn of digital time, is rapidly running out. The official replacement is much larger IPv6 addresses, but I can report from experience that the task of switching is not trivial, and for a long time there will be a lot of the net that's only on IPv4. So once the initial supply of IPv4 addresses run out, and the only way to get some is to buy them from someone else, what will the market be like? more
With the launch of new generic Top-Level Domains (gTLDs) expected to occur early next year, many are closely examining the opportunities and risks associated with ICANN's Program. Although still in draft format and subject to change, keep these gotchas in mind as you think through your strategy. more
Here is a list of the most viewed news and blog postings that were featured on CircleID in 2007. Best wishes for 2008. more
The October 21 DDoS attacks against the 13 root-name servers containing the master domain list for the Internet's Domain Name System (DNS), (which reportedly took offline 9 of the 13 servers) remain a clear and daunting reminder of the vulnerabilities associated with online security. Many DNS authorities have named the most recent hit the largest DDoS attack against the root server system. Chris Morrow, network security engineer for UUNET, the service provider for two of the world's 13 root servers, recently told The Washington Post... more
Cybersquatting is so 2000, or so we thought. The Uniform Dispute Resolution Policy (UDRP) at WIPO has been chugging along for several years now, methodically determining if complainants IP rights have been violated and reassigning "ownership" of domain names. Typically, the cases are fairly boring. But some recent developments in the world of 800 lb search gorillas, Google and Baidu, suggests that the regime could be faced with substantial pressure in the near future. more
Over the past couple of weeks, following the events in Charlottesville, Virginia, there has been significant discussion in social and traditional media about various technology companies removing websites from their servers, or otherwise making them unavailable. As the operators of Canada's Internet domain, we at CIRA are getting numerous inquiries about our stance and policies on this issue. I'd like to use this opportunity to make a couple of clarifications about how CIRA works and what CIRA actually does. more
The process for ICANN's new TLDs says that if there are several equally qualified applicants for a TLD, and they can't agree which one gets it, ICANN will hold an auction to decide. Recently some people have suggested that the applicants could use a private auction instead. Well, of course. In a situation like this, the question isn't whether there will be an auction, but only who will keep the money. more
News breaking out today is that Google has acquired GrandCentral for something around $50 million. GrandCentral is a service that gives you one phone number that can ring multiple numbers, provide one common voicemail - and all sorts of the other features (see "howitworks" for a list of features)... So will we ultimately see voicemail inside of Gmail? One would assume that we will eventually see integration with GoogleTalk... more
In a strongly worded ruling, a U.S. Federal Court Judge has ruled in ICANN's favor and denied plaintiffs' motion for preliminary injunction. Dotster and two other ICANN accredited registrars had asked the court for an order prohibiting ICANN from finalizing approval of VeriSign's proposed new "Wait Listing Service" (WLS). Plaintiffs alleged that WLS is "anti-competitive" and that ICANN breached its obligations under the registrar accreditation agreement (RAA) when ICANN gave preliminary approval to WLS last year. The court disagreed, ruling [PDF] as follows: more
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