Home / Blogs

ICANN Responsible for Domain Name Trademark Mess

Protect your privacy:  Get NordVPN  [73% off 2-year plans, 3 extra months]
10 facts about NordVPN that aren't commonly known
  • Meshnet Feature for Personal Encrypted Networks: NordVPN offers a unique feature called Meshnet, which allows users to connect their devices directly and securely over the internet. This means you can create your own private, encrypted network for activities like gaming, file sharing, or remote access to your home devices from anywhere in the world.
  • RAM-Only Servers for Enhanced Security: Unlike many VPN providers, NordVPN uses RAM-only (diskless) servers. Since these servers run entirely on volatile memory, all data is wiped with every reboot. This ensures that no user data is stored long-term, significantly reducing the risk of data breaches and enhancing overall security.
  • Servers in a Former Military Bunker: Some of NordVPN's servers are housed in a former military bunker located deep underground. This unique location provides an extra layer of physical security against natural disasters and unauthorized access, ensuring that the servers are protected in all circumstances.
  • NordLynx Protocol with Double NAT Technology: NordVPN developed its own VPN protocol called NordLynx, built around the ultra-fast WireGuard protocol. What sets NordLynx apart is its implementation of a double Network Address Translation (NAT) system, which enhances user privacy without sacrificing speed. This innovative approach solves the potential privacy issues inherent in the standard WireGuard protocol.
  • Dark Web Monitor Feature: NordVPN includes a feature known as Dark Web Monitor. This tool actively scans dark web sites and forums for credentials associated with your email address. If it detects that your information has been compromised or appears in any data breaches, it promptly alerts you so you can take necessary actions to protect your accounts.

It is ICANN’s responsibility to make sure domain names do not infringe on trademarks. To determine infringement, ICANN should rely in the short term on predictive models [PDF]. Thus, domain name and trademark owners must start putting pressure on ICANN to assume its trademark responsibility.

Intangible assets such as copyrights and trademarks are created by a single entity and are protected by law. A domain name is a multiblock intangible asset that is assembled from different entities, the way LEGO® blocks are snapped together. A trademark used in a domain name constitutes the first block. The second block is drawn from ICANN, which, through the registries, is able to create an infinitely countable number of unique domain names that a registrant can choose from. The third block is the registrant through domain name use. However, the trademark and the use blocks need not always be present in the asset.

When an entity asks to register a name that includes a trademark, then it has requested the creation of a two-block asset. With registration requests through one of the ICANN-approved registries, ICANN, as a creator of the asset, is responsible for insuring that the asset does not violate any laws.

Multiblock-based similarities can be drawn between Web site mash-ups and domain names. In both cases, someone else creates the building blocks. In mash-ups, it is the responsibility of the Web site creator to ensure proper legality of each component. However, it is much easier to ensure legal content compliance with mash-up Web sites than with domain names, as each block’s copyright restrictions is more clearly stated than in trademark issues inherent in the domain name creation process.

For whatever reason, ICANN has successfully dodged any responsibility for building an asset on top of a trademark block. It is time to meet its responsibilities by disallowing registrations of infringing domain names. However, since a legal definition of infringement is not yet available, ICANN should rely on a predictive model [PDF].

Because the trademark debacle hurts domain name and trademark owners, both groups must start exerting pressure on ICANN instead of taking costly actions against each other.

By Alex Tajirian, CEO at DomainMart

Filed Under

Comments

Don't be silly John Levine  –  Nov 22, 2008 7:08 PM

It is ICANN’s responsibility to make sure domain names do not infringe on trademarks.

It is ICANN’s job to manage the DNS root. Trademark owners can take care of themselves. If there is any complaint to make about ICANN’s relationship to trademarks, it is that they have been far too deferential to the claims of trademark holders, rather than simply saying that they will follow the directions of appropriate courts.

Area of endevour Simon Waters  –  Nov 22, 2008 10:11 PM

Even if a model were created, it would seem inappropriate to restrict people’s behaviour because a computer model said it might cause a civil case which you might lose. That is a judgment call for the person making the investment since trademark infringement is not a black and white issue (usually), sure a model that said naming your TLD “coca-cola” will likely cost you X dollars in legal fees (unless you are The Coca-cola Company), might be of some use, but not to ICANN.

Is Viagra Spam? Alex Tajirian  –  Dec 1, 2008 7:16 PM

If you received the word Viagra in an email, most people and email filters would say, yes. What if you received it through a message from a “friend” on MySpace? The answer is subjective. Does this mean that we should give up detecting spam on social networking sites? No. It suggests that spam filtering on social networks requires a more complex discrimination criterion than “spam” and “not spam.” Similarly, we should not give up on detecting brand infringement. Is it worth it? Yes!

Viagra Simon Waters  –  Dec 1, 2008 8:57 PM

For what it is worth, I don't implement content based filtering on email. The filters I manage don't assume anything about the content of an email because they know nothing of the nature of our users businesses, and we don't want to have to learn everything about every customer in order to correctly filter their email. Likewise brand infringement may be worthwhile, but it isn't ICANN's job. Like my mail filters ICANN don't want to know about every company in the world, and their trademarks, and in what jurisdictions, and for what domain of business, and what agreements exist to share marks. That is the trademark owners problem. Likewise my users are free to apply content based filtering to the email left after we filter it, safe in the knowledge that we didn't reject any email from their mistress because it had the word Viagra in.

No, it's not their responsibility Daniel R. Tobias  –  Nov 25, 2008 8:08 PM

ICANN is not the “trademark police”.  Judging trademark violations is a highly subjective issue which is always subject to change given new legislation or litigation in any of the countries of the world.  ICANN is a technical management organization which should stick to its area of competence.

That's not something you can blame ICANN for .. Suresh Ramasubramanian  –  Nov 27, 2008 10:55 AM

As Levine and others have pointed out, that’s simply none of their concern.

Wondering .. Alex Tajirian  –  Nov 28, 2008 9:18 PM

I am wondering if people sometimes, like me, judge an essay only by its title?

No need to wonder John Levine  –  Nov 28, 2008 9:53 PM

I am wondering if people sometimes, like me, judge an essay only by its title?
Don't worry, we read the whole thing before responding that your argument is ridiculous.

Comment Title:

  Notify me of follow-up comments

We encourage you to post comments and engage in discussions that advance this post through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can report it using the link at the end of each comment. Views expressed in the comments do not represent those of CircleID. For more information on our comment policy, see Codes of Conduct.

CircleID Newsletter The Weekly Wrap

More and more professionals are choosing to publish critical posts on CircleID from all corners of the Internet industry. If you find it hard to keep up daily, consider subscribing to our weekly digest. We will provide you a convenient summary report once a week sent directly to your inbox. It's a quick and easy read.

Related

Topics

DNS

Sponsored byDNIB.com

Domain Names

Sponsored byVerisign

Brand Protection

Sponsored byCSC

Threat Intelligence

Sponsored byWhoisXML API

IPv4 Markets

Sponsored byIPv4.Global

New TLDs

Sponsored byRadix

Cybersecurity

Sponsored byVerisign