Google & eBay, Keywords & Domains, & ICANN

Sell a trademark as a keyword for directed search or online auctions and make $billions. But use a trademark in a domain name for direct search and lose the domain, or worse. The gap between how trademark law treats the two species of search has grown wider in the wake of several landmark 2010 trademark law decisions -- and provides another sound reason why ICANN should not establish any new rights protections for new generic Top-Level Domains (gTLDs) beyond those STI-RT compromise positions already included in the fourth version of its Draft Applicant Guidebook (DAGv4). more

Net Neutrality and Google/Verizon

What surprises me about the Google/Verizon deal is not that they have come to agreement, but that they have taken so long to do so. What they have agreed to is essentially what I proposed they do back in 2006. What Google want and what Comcast, Verizon and the carriers want is not and was not incompatible. more

Domain Names as Second-Class Citizens

A new book by Dr. Konstantinos Komaitis (Lecturer in Law at the University of Strathclyde) provides a passionate yet legalistic and well-researched overview of the legal, institutional and ethical problems caused by the clash between domain names and trademarks. This is really the first decent book-length treatment of what is now a decade and a half of legal and political conflict between domain name registrants and trademark holders. more

Putting String Similarity into Context: Bulgaria’s IDN (.??) vs. Brazil’s ccTLD (.br)

Bulgaria is a nation which is directly impacted by the current Fast Track automatic disqualification when Top-Level Domain (TLD) strings are "confusingly similar" to other TLDs, in this case an Internationalized Domain Name (IDN) country code Top-Level Domain (ccTLD). Bulgaria has already been declined twice (in late 2009, and in May of 2010) to register the *.?? Cyrillic IDN on the premise that it looks confusingly similar to Brazil's *.br ASCII TLD. Being a native Bulgarian, I did not see how these two strings are similar more

First Leap to Secure Linguistic Internet - Arabic SSL Certificates Launched

Linguistic Internet is becoming stronger with the first leap to develop non-Latin applications, as Arabic Language SSL Certificates has been launched by M/s ArabicSSL with the support of Live Multilingual Translator and The Multilingual Internet Group. This step is highly appreciable because this will ensure the security and stability and develop trust over new Internet layers of Internationalized Domains (IDN TLDs). more

What Matters in Net Neutrality

It's hard to know what to make of the Google/Verizon deal since until earlier today both companies have denied that there is one. And it's hard to argue about net neutrality because it means so many different things to different people. I've got lots of reading to do to catch up on the newly released set of principles from the companies, but in the meantime here are a few thoughts on the topic. more

Do Not Track: Not as Simple as it Sounds

Over the past few weeks, regulators have rekindled their interest in an online Do Not Track proposal in hopes of better protecting consumer privacy. ... There are a variety of possible technical and regulatory approaches to the problem, each with its own difficulties and limitations, which I'll discuss in this post. more

Google and Verizon Offer a Gift to Spammers

Earlier today, Google and Verizon offered a widely publicized "Proposal for an Open Internet." There's been extensive comment with lots of reasons not to like it, but one I haven't seen is that the proposal would make it much harder to filter so-called "mainsleaze" spam. ... The problem is that under the pitifully weak CAN-SPAM law, a lot of spam is entirely legal. more

The Good, the Bad and the Ugly in the Google-Verizon Legislative Framework

Google and Verizon have developed a "Proposal" on Internet access which I am sure they expect to serve as a template, starting point and frame of reference going forward. In light of the FCC's judicial reversal in the Comcast case, the absence of substantive progress at the FCC and the unlikelihood of congressional action, two major stakeholder can and have taken the lead. It should come as no surprise that Verizon and Google have emphasized and begrudgingly compromised on their corporate interests. more

Want a New gTLD? Some Items to Consider

Over three years ago ICANN boldly announced that the top level of the domain name system would be opened up to new registry operators. As we now approach a likely spring 2011 launch, a number of key issues remain unresolved including how trademarks will be protected. more