Building a Case for Cybersquatting Under the UDRP

A number of recent UDRP decisions remind trademark owners (and counsel) that cybersquatting cases have to be built from the ground up. Each stage has its evidentiary demands. The first two demand either/or proof; the third, the most demanding, requires proof of unified or conjunctive bad faith registration and bad faith use of the accused domain name. Priority, which intuitively would be thought a factor under the first stage (as it is under the ACPA) is actually a factor under the third stage. more

Speculation on Trump’s Forthcoming Cuba Policy Speech and Its Impact on the Cuban Internet

Trump has a dilemma. He has to take some executive action that will allow him to ridicule President Obama and show that he is punishing Cuba for its human rights violations and the confiscation of businesses and property after the revolution, but not harm US telephone companies, hotel chains, airlines and cruise lines. Trump is expected to announce his Cuba policy next Friday in Miami. There can be little doubt that he will reverse some of President Obama's executive orders... more

A Diversity Success Story from the Apps for Ag Hackathon Competition

Deema Tamimi had one plan for the 2016 California Apps for Ag hackathon: get in and get out. She thought the weekend-long event would be a good opportunity to meet people, but she didn't feel ready to launch a new app, and so she planned on stealing away soon after the hackathon began. This, despite the very impressive resume she'd accrued and the fully-formed idea for a gardening-based app that had been brimming for half a year. But something magical can happen when so many engineers, experts, change-makers, and creatives converge at a hackathon. more

The Future Internet I Want for Me, Myself and AI

Artificial Intelligence has the potential to bring immense opportunities, but it also poses challenges. Artificial intelligence (AI) is dominating the R&D agenda of the leading Internet industry. The Silicon Valley and other startup hubs are buzzing about artificial intelligence and the issue has come at the top of policymakers' agenda including the G20, the ITU, and the OECD, where leaders gathered this week in Paris. more

June 8 Deadline for Survey on Recommendations for Future of the Internet

What do you think must be done to ensure the development of an open, trusted, accessible, and global Internet in the future? As part of the Internet Society's "Internet Futures" project, we'd like your input on recommendations for Internet leaders and policy makers. For more background, please read "Help Shape the Future of the Internet" by my colleague Constance Bommelaer, or browse through the Internet Futures pages. more

Charting the Balance between Trademark Owners and Domain Name Holders: A Jurisprudential Overview

Efforts to combat cybersquatting began in earnest in 1998 when the World Intellectual Property Organization (WIPO) (at the request of the United States Government supported by all member states) began an extensive process of international consultations "to address cross-border trademark-abusive domain name registrations." ... The extensive process concluded in the Spring of 1999 with WIPO publishing a detailed report... more

Landmark IPv6 Report Published: State of Deployment 2017

On the fifth anniversary of World IPv6 Launch, we're excited to share a detailed report on the State of IPv6 Deployment in 2017. It really is staggering how far IPv6 deployment has progressed in five years. In mid-2012, Google measured less than 1% of users accessing their services over IPv6. Today that figure is getting close to 20%. Since World IPv6 Launch, several major operators are now delivering the majority of traffic from major content sources like Google, Akamai and others over IPv6. more

Email Marketer’s Dilemma: Disappearing Domains

On May 31, British broadband provider EE discontinued service for a number of email domains: Orange.net, Orangehome.co.uk, Wanadoo.co.uk, Freeserve.co.uk, Fsbusiness.co.uk, Fslife.co.uk, Fsmail.net, Fsworld.co.uk, and Fsnet.co.uk. These domains were acquired by EE as part of multiple mergers and acquisitions. On their help page, EE explains that the proliferation of free email services with advanced functionality has led to a decrease in email usage at these domains. more

Does ICANN’s UDRP Preserve Free Speech and Allow Room for Criticism?

The phenomenal growth of the Internet has resulted in a proliferation of domain names. The explosion of '.com' registrations coincided with an increase in domain name disputes, and with it the legal branch of intellectual property devolved into virtual mayhem. ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP) was created... The UDRP was brought into force in October 1999, and it can be said that it has contributed handily to the resolution of domain name disputes. However, deeper investigation into the UDRP paints a different picture. more

Breaking the Mold: Reclassifying Over a Billion .XYZ Domains for Alternative Uses

Three years ago, my team and I launched .xyz with the mission of bringing competition, choice, and innovation on the internet. .xyz was probably the only domain extension that had no built-in meaning, included very few domains priced at a premium, and relied on low margins and high volume. We brought with it the message that .xyz was for every website, everywhere. And instead of targeting one vertical, we connected with the next generation of internet users... more