Last week, the 50th anniversary of Rev. Martin Luther King's famous "I have a dream" speech was marked with much fanfare. Well, I too had a dream the other day, almost two weeks ago. I dreamt I was in a conference. Which is no news. The conference was an ICANN-sponsored conference. No news there either; I've been to many ICANN meetings. And it was on food security! An ICANN-sponsored conference on food security? more
Trademarks can be strong in two ways: either inherently distinctive (arbitrary or fanciful marks), or composed of common elements that have acquired distinctiveness (descriptive or suggestive marks). Trademarks can also be weak in two ways: either composed of common elements, or lacking significant marketplace presence other than in their home territories. Panelists have seen them all, even by respondents alleging trademark rights registered later in time to complainant's. more
Funny how marketplace reality can poke holes in claims and theories. A debate is raging between some existing registries (Afilias, PIR, Neustar) and registrars like ourselves over the issue of 'cross-ownership' in Top-Level Domains (TLDs). At question: should the same set of shareholders be allowed to own all or part of a registry as well as a registrar that sells names in the TLD owned by the registry? These registries are saying 'no', and one of their principal objections is they think current registrars have an unfair advantage in pursuing TLD deals. more
The recent decision by ICANN to start a new round of applications for new generic Top-Level Domains (gTLDs) is launching a round of questions on the IETF side about its consequences. One possible issue may be with vanity gTLDs like apple, ebay etc. Some expect that every Fortune 1,000,000 company will apply for its own TLD. My guess is rather the Fortune 1,000 for a start, but this does not change the nature of the issue, i.e. those companies may want to use email addresses like user@tld. more
The European Data Protection Board certainly has been keeping its records straight. Its 27 May statement starts with the following: "WP29 has been offering guidance to ICANN on how to bring WHOIS in compliance with European data protection law since 2003." All internet users have dealings with the Internet Corporation for Assigned Names and Numbers, yet the vast majority have never heard of ICANN. more
On 11 December 2017, about 25 participants from Europe and the US attended the public consultation for the brand new GDPR Domain Industry Playbook by eco (Association of the Internet Industry, based in Germany) at the representation of the German federal state Lower Saxony to the European Union in Brussels. The General Data Protection Regulation (GDPR) poses a challenge for the Registries, Registrars, Resellers and ICANN. more
While plenty of UDRP decisions have made clear that a trademark owner's delay in bringing an action against a cybersquatter (often referred to as "laches") is typically not a defense, actor David Duchovny's decision to file a UDRP complaint nearly 21 years after the domain name davidduchovny.com was registered may set a record for the longest wait in a domain name dispute. more
"Is Google Turning Into a Mobile Phone Company?" asks the headline in Andrew Ross Sorkin's New York Times story. Wrong question, IMHO. But is Google doing the deal at least partly to give it leverage over wireless providers? I think so. The biggest threat to the growth of Smart Phones and tablets and other Google businesses like YouTube is the imposition of data caps and metered pricing by wireless providers like at&t and Verizon Wireless. more
This, the second in a series of articles looking at portfolio gTLD applicants, is focusing on Uniregistry. At the moment, the Uniregistry press machine is buzzing, like an angry bee, about two of the 50 TLDs in its portfolio: you may have read about .TATTOO and .SEXY. Yes! .SEXY but, according to Uniregistry, it is nothing to do with sex; it is about fashion, modelling and attitude. more
Back in September a number of domain name industry leaders wrote to ICANN to express deep-felt concerns about some companies' declared plans for generic domain name extensions. We have sent ICANN another letter this week which is also planned to be distributed in a press release included here in this post. more
By now, I've probably spoken with close to a hundred brand owners who are all trying to make some very important decisions about whether or not to apply for a new generic Top-Level Domain (gTLD). Everyone wants to know what "the other guy" is doing. But for the most part (with the exceptions of Canon and Hitachi), brand owners have been tight-lipped about their intentions. Even in a recent New gTLD webinar hosted by MarkMonitor (primarily attended by brand owners), when asked in an anonymous poll whether they intended to apply... more
In 2003 - what did we have in terms of domain names? In 2003, the .AERO, .BIZ, .COOP, .INFO and .NAME Registries were just born. The . .MUSEUM Top-Level Domain was born that very year and .ASIA, .CAT, .JOBS, .MOBI, .PRO, .TEL and .TRAVEL did not exist yet. However, .EU was on its way. Although this particular TLD was a country code Top-Level Domain targeted at the European Union, it was awaited for by many brands in its Sunrise Period. more
In virtually all governmental legislative bodies, the staff is there to provide secretariat services for the government representatives. The staff role does not include telling the representatives what decisions they should be making. The stricture is supposed to be the same at the International Telecommunication Union (ITU) for its treaty making activities. It is with some amazement that last week, the ITU secretariat staff showed up at a seminar in Bangkok they helped schedule... more
Communications will be one of the most critical areas during the London Olympic Games. The industry is working to establish shared access networks -- would it not be nice if they did this everywhere, all the time? They are also working very closely with British Olympic Association, London Transport, the broadcasters and content providers. Mobile coverage will be the biggest shared infrastructure in the world. more
For an organization where people argue for hours over arcane minutiae, it's remarkable that virtually everyone agrees that ICANN should serve the "global public interest" and build "consumer trust" in the Internet. Although it's only three pages long, ICANN's Affirmation of Commitments (AoC) cites "public interest" five times and "consumer trust" eight times. So at the ICANN meeting today in Cartagena, Colombia, a group of participants explored ways to "institutionalize" these concepts within the organization. more
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