Brand Protection

Internet Governance Forum USA 2016 on Thursday, July 14

IGF-USA full day conference at the Center for Strategic and International Studies (CSIS) in Washington DC to be held on Thursday, July 14, 2016 from 8:00 AM - 7:00 PM. Key forum topics include IANA transition, ICANN accountability, broadband access, online privacy, Internet of Things, and digital trade. more

ICANN Says It Will Not Get Directly Involved With Infringing Domains

ICANN will not act as judge and jury in copyright disputes. TorrentFreak reports: "In a letter to the president of the Intellectual Property Constituency, ICANN chief Stephen Crocker says that ICANN is neither 'required or qualified' to pass judgment in such cases." more

Unlawful Targeting of Trademarks and Consumers in Registering Domain Names

Unlike trademark applications which go through a lengthy examination process before advancing to registration, anyone (anywhere in the world) can register a domain name identical or confusingly similar to a trademark - instantly and no questions asked, at least, in the traditional space (the legacy gTLDs)! With the new gTLDs registrants will receive notice of possible infringement if the brands are registered with the Trademark Mark Clearing House, but notices do not function as injunctions to block registrants from registering infringing names. more

Strategic Use of Screenshots from the Wayback Machine

Internet Archive contains a vast library of screenshots of websites that its Wayback Machine captures sporadically over the course of domain names' histories. While it doesn't compile daily images it opens a sufficient window to past use which is unique, invaluable, and free. (There are also subscription services, but they come at a hefty cost!). How it's used (and why the Wayback Machine should be in a party's toolkit) for supporting and opposing claims of cybersquatting is illuminated in a number of recent UDRP cases. more

U.S. Congressional Trademark Caucus Haggles Over Price

It was standing-room-only at the Congressional Trademark Caucus session in the Rayburn House Office Building in Washington, D.C. on Wednesday, April 6. The topic, brand protection in the new top level internet domain names, is still, it seems, a draw. With nearly two years' experience and statistical evidence of far fewer problems at far lower costs to brand owners than opponents of the program said would occur, it might be expected that the tone would cool. But the price of peace, I guess, remains eternal vigilance. more

What is the Intellectual Property Constituency (IPC)?

As a longtime member of ICANN's Intellectual Property Constituency (IPC), I'm impressed by the important work that this group does on behalf of trademark owners worldwide (as I've written before). While some die-hard IPC members spend countless (and, often, thankless) hours working virtually and in-person (at ICANN's global meetings) for the constituency, I find it very educational and worthwhile to participate on an ad-hoc basis. more

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. more

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. more

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? more

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. more

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. more

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. more

Google Received 65.9 Million Take Down Requests Last Month, Company Reports

As part of its transparency report, Google says Copyright removal requests continue to be on steady rise and that the company received a new record 65,923,523 requests just last month. more

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. more

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. more