General Counsel, Internet Commerce Association
Joined on October 25, 2009
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General Counsel to the Internet Commerce Association. Domain Name, IP, and Business law lawyer.
Except where otherwise noted, all postings by Zak Muscovitch on CircleID are licensed under a Creative Commons License.
Today, for the 500th time, an expert panel under the Uniform Domain Name Dispute Resolution Policy or "UDRP", issued a decision finding a Complainant guilty of Reverse Domain Name Hijacking or "RDNH". RDNH is an attempt to egregiously misuse the UDRP to unjustly seize a domain name from its lawful owner... To-date, the UDRP has adjudicated over 80,000 domain name disputes. The vast majority of them result in the transfer of a cybersquatted domain name to the rightful trademark owner. more
The Secondary Market in domain names plays a critical role in Internet commerce yet is often misunderstood. This article will attempt to clear up some of the myths that frequently arise when discussing the Secondary Market... Domain name investors are but one group participating in the thriving domain name Secondary Market, in which already registered domain names move from one owner to another. more
The Internet Commerce Association has been actively involved for the last four years on the ICANN Working Group reviewing the Uniform Rapid Suspension (URS) policy and the Uniform Domain Name Dispute Resolution Policy (UDRP). The Working Group is currently wrapping up its review of the URS. The UDRP will be reviewed in an upcoming second phase. more
ICANN's dismissal of public comments submitted on the .COM Registry Amendment wasn't surprising given that it recently dismissed the public comments on the .Org Renewal Agreement, but the speed and disdain which it demonstrated was. Despite public pronouncements by ICANN President and CEO, Gören Marby and assurances from ICANN Board Chair, Maarten Botterman, that public comments were welcomed and that ICANN would take them seriously... more
Mr. Arif Ali, a lawyer with Dechert who is very familiar with ICANN governance and has represented numerous parties in ICANN related matters, wrote an extraordinarily detailed and comprehensive critique of the LOI and of Amendment 3. Mr. Ali noted that two of ICANN's most important obligations are to operate for the benefit of the Internet community as a whole and to enable competition and open entry in Internet-related markets, and that the proposed price hikes do not support these obligations... more
ICANN's call for Public Comment on Proposed Amendment 3 to the .com Registry Agreement yielded 9,040 public comments during the six-week comment period that ran from January 3, 2020 to February 14, 2020. The public response was amongst the most robust if not the most robust, that ICANN has ever received. To put this in context, the last several Public Comment periods received under 20 comments apiece. more
Over three-quarters of the more than 55,000 UDRP cases decided since 1999 have been undefended. Requiring adequate evidentiary support of the complainant's allegations in disputes where the respondent has not filed a response, is therefore critical for producing just outcomes under the UDRP. While most UDRP disputes involve clear cybersquats that are indefensible, a significant number involve domain names that are not clearly cybersquats... more
When properly used, the UDRP enables trademark owners to take control of abusive domain names. Yet sometimes the UDRP itself is misused by trademark owners to try to seize desirable domain names to which they have no legal entitlement. Is there a downside to misusing the UDRP to attempt a domain name hijacking? Unscrupulous companies at times misuse the UDRP by improperly invoking its power to compel a transfer of ownership in order to seize inherently valuable, non-infringing domain names that the companies desire for their own use. more
Shortly after the National Telecommunications and Information Administration (NTIA)'s recent announcement allowing Verisign to pursue increased .com registry fees, Verisign published a blog post questioning the business practices of registrars and domain name investors. The ICA, on behalf of its registrar and domain name investor members, had previously spoken out against a .com fee increase, as did others in the domain industry. more
It nearly goes without saying that if ".CA" means and should continue to mean, "Canada", the registration of a .CA domain name ought to involve some tie to Canada. As Canadian Internet Registration Authority ("CIRA") CEO, Byron Holland, aptly put it, "The fundamental requirement of having a Canadian presence in order to get a dot-ca domain name make sense...because it is a country code and there is an assumption that there is some "Canadian-ness". And that is why, in a nutshell, I support a Canadian 'presence requirement' for the registration of .CA domain names. Nevertheless, the question of what constitutes an appropriate 'presence requirement' is an interesting issue... more