Brand Protection

Charter Approved to Review All Rights Protections Mechanisms in All Generic TLDs

On March 9th, 2016, during its final open meeting at ICANN 55 in Marrakech, Morocco, the Generic Names Supporting Organization (GNSO) Council approved a motion that I proposed to adopt the Charter of the Policy Development Process (PDP) to Review all Rights Protections Mechanisms (RPMs) in all Generic Top-Level Domains. I serve on the Council as one of the two representatives of ICANN's Business Constituency, and my fellow Councilors have designated me to serve as the GNSO's Liaison to the Working Group (WG), and as its Interim Chair.

The CCT Review Needs You!

Come join the discussion on Wednesday 17:15 UTC. Quis custodiet ipsos custodes? As ICANN approaches its 18th birthday, it marks its ascension to adulthood and independence with a new framework of accountability. As we attempt to modernize and empower the organization with oversight of the DNS, the question of "who watches the watchmen?" is on the tip of everyone's tongue.

Which Comes First, the Trademark or Domain?

For years, the question of exactly when to register a domain name has been one asked by legal departments, as they've sought to formalize their internal processes. If you were to think about it logically, it would make most sense to register it after the trademark had been cleared. After all, why bother to register a domain, if you aren't going to use it to support a product, service or campaign?

Chehadé Sends ICANN Board Farewell Letter

ICANN's current CEO Fadi Chehadé is leaving the organisation in a few weeks time. His replacement has been announced and the upcoming public meeting in Marrakech, Morrocco, will be Chehadé's final public engagement as ICANN CEO. A couple of days ago Chehadé sent the ICANN board a letter entitled "Summary of My Tenure". While the letter may have been addressed to the board, it was published on the ICANN website immediately.

ICANN Update on Whois, New gTLD Program PDPs, ICANN CEO and Privacy Accreditation

As promised, 2016 is off to a busy start at ICANN, with important discussions about Whois/Registration Directory Services, subsequent rounds of the New gTLD Program and internet governance already underway, and more to come. Brand owner concerns will be front and center in the coming months, as community stakeholders set priorities and begin discussions of key challenges and desired results.

Is the DMCA an Effective Way to Take Down Infringing Content?

As promised at an end-of-the-year (2015) announcement, the U.S. Copyright Office has now launched a comment submission process about the "safe harbor provisions" of the Digital Millennium Copyright Act (DMCA). The DMCA is often used by copyright owners to get infringing content - images, text, videos, music, even software - removed from problematic websites.

Thoughts on the Open Internet - Part 3: Local Filtering and Blocking

The public policy objectives in the area of content filtering and blocking space are intended to fulfil certain public policy objectives by preventing users within a country from accessing certain online content. The motives for such public policies vary from a desire to uphold societal values through to concessions made to copyright holders to deter the circulation of unauthorised redistribution of content.

The Mission Has Already Crept

ICANN's mission, and the avoidance of "mission creep", is currently the subject of intense debate in the Internet community. Multiple cross-community working groups are dealing with the proposal by an agency of the United States government, NTIA, to give up the last vestiges of its control of the IANA function. Many of the new organizational structures under consideration purport to deal with ICANN's expanding mission.

Confessions of an Ex-Opponent of Whois Privacy

The following is the easyDNS response to ICANN's public comment period on GNSO Privacy & Proxy Services Accreditation Issues Working Group Initial Report. The public comment period is open until July 7, 2015. We strongly urge you to make your voice known by signing the petition over at Save Domain Privacy. I submit these comments as a CEO of an ICANN accredited registrar, a former director to CIRA and a lifelong anti spam contributor with an unblemished record of running a managed DNS provider that maintains zero tolerance for net abuse or cybercrime...

Is Sharing the Answer to .BRAND Top Level Domain Disputes?

In opening up for the .BRAND top level domain, ICANN has artificially created a scarce resource of great commercial value. Indeed, the values of the .BRAND TLDs may be astronomical due to the investments made by the companies that own the trademarks represented in the .BRAND TLD. While the above is interesting in its own right, I will here focus specifically on how we deal with situations where more than one company has a legitimate trademark interest in a particular .BRAND TLD.