Brand Protection

Criticism of Trademark Owner Deemed Legitimate Interest under ICANN UDRP

BioCryst Pharmaceuticals, Inc., of Birmingham, Alabama, challenged registration of domain name www.biocrystpharmaceuticals.com. Respondent used domain name to criticize the Complainant's business (BioCryst Pharmaceuticals, Inc. v. Kumar Patel, Case No. D2005-0674). Panelist Daniel Gervais denied relief, stating... more

.PARIS : Can the Backend Registry Help Sales?

As published on June 24, 2025, it is with no surprise that the AFNIC was renewed as the backend registry provider of the .PARIS new generic Top-Level Domain. What caught my attention in the announcement was this paragraph: “Afnic’s remit will also be expanded to include communication and promotion of the .paris TLD, as well as the development of initiatives designed to increase its adoption by businesses and private individuals.” more

An Overview of the Concept and Use of Domain-Name Entropy

In this article, I present an overview of a series of 'proof-of-concept' studies looking at the application of domain-name entropy as a means of clustering together related domain registrations, and serving as an input into potential metrics to determine the likely level of threat which may be posed by a domain. more

New Research from CSC on the Impact of COVID-19 on Internet Security and Safety

Hackers are using company domain names for malicious attacks more than ever before. Established research shows that phishing and related malware attacks most commonly occur from a compromised or hijacked legitimate domain name, a maliciously registered, confusingly similar domain name, or via email header spoofing. Domain security intelligence is the first line of defense in preventing domain cyberattacks. more

The Digital Decade – A Look Ahead

As 2019 wrapped up, we took some time to reflect on some of the most impactful digital developments of the past decade and how they helped change our digital lives, including: the rise of mobile and tablet usage; the importance of mobile apps; the explosion of social media and online gaming; cloud computing; domain names, brand protection and the impact of GDP. Now that we've passed the New Year, it's time to look forward. more

Domains Under the Most-Abused TLDs: Same Old DNS Abuse Trends?

While threat actors can use any domain across thousands of top-level domains (TLDs), they often have favorites. For instance, you may be familiar with Spamhaus's 10 most-abused TLDs for spamming. WhoisXML API researchers recently built on this list by analyzing 40,000 newly registered domains (NRDs) that sported some of the listed unreputable TLDs. We called this study "DNS Abuse Trends: Dissecting the Domains Under the Most-Abused TLDs." more

Problems With Defining Jurisdiction on the Internet

The term "jurisdiction" has various definitions in law, but for our purposes here we can say it is the power of some legal body to exercise its authority over a person or subject matter or territory. In the Internet today, it is territory that gives rise to many major issues. As in real estate, what matters in jurisdiction is "location, location, location". When the Internet and trademark rights began to intersect, it quickly became apparent that traditional concepts of the jurisdiction of courts and legislatures would be seriously strained by situations where a registrant in one country could use a registrar in a second country to register a domain name in yet a third country. more

The Hidden Perils of Filing a Baseless UDRP Complaint

When properly used, the UDRP enables trademark owners to take control of abusive domain names. Yet sometimes the UDRP itself is misused by trademark owners to try to seize desirable domain names to which they have no legal entitlement. Is there a downside to misusing the UDRP to attempt a domain name hijacking? Unscrupulous companies at times misuse the UDRP by improperly invoking its power to compel a transfer of ownership in order to seize inherently valuable, non-infringing domain names that the companies desire for their own use. more

Five Common Issues in Domain Management, and Solutions

Has your organization ever missed renewing a domain name? You really don't want to be in the news for that. Just look up "company forgot to renew domain name" and read about the historical consequences of missing vital domain name renewals. They range from failed services or infrastructure, lost revenue, lost business partners, wrecked reputation, hefty regulatory fines, to even the collapse of a business. more

Curbing Cyber- and Typosquatting

We need a tax. You don't hear that too often. But right now a tax is the weapon needed by the domain name community. We face way too many cyber- and typosquatters. To drive them back, let's tax parked and unused domain names. Done right -- sized properly and phased in -- the tax will make it much harder for speculators to turn a profit while they keep domains sitting idle or parked. more

ICANN Responsible for Domain Name Trademark Mess

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. Thus, domain name and trademark owners must start putting pressure on ICANN to assume its trademark responsibility. more

DNS Policy is Hop by Hop; DNS Security is End to End

The debate continues as to whether ISP's can effectively filter DNS results in order to protect brand and copyright holders from online infringement. It's noteworthy that there is no argument as to whether these rights holders and their properties deserve protection - nobody is saying "content wants to be free" and there is general agreement that it is harder to protect rights in the Internet era where perfect copies of can be made and distributed instantaneously. What we're debating now is just whether controlling DNS at the ISP level would work at all and whether the attempt to insert such controls would damage Secure DNS (sometimes called DNSSEC). more

Multistakeholderism Is Working: Even in Exile

I'm happy to report (mostly) positive feedback on my last article that examined how the multistakeholder model tackled, and tackled well, Phase 1 of the review of all Rights Protection Mechanisms. While bad news may sell more clicks, a little good news from time to time also appears to be welcome. Good news also reminds us of how fortunate we are to have a private sector ICANN with a multistakeholder model of policy development... more

Risk vs Benefit: The Impact of Shorter 90-Day SSL Certificate Life Cycles

In today's digital age, securing your website and ensuring your users' safety has never been more critical. Secure sockets layer (SSL) certificates are the go-to solution for securing websites by encrypting the data transmitted between web servers and browsers. Historically, SSL digital certificates could be valid for years, after which they had to be renewed or replaced.  more

The Fight Is on to Save Access to WHOIS: A Call to Action for Brand Owners

Late last week, ICANN published the guidance from the Article 29 Working Party (WP29) that we have been waiting for. Predictably, WP29 took a privacy maximalist approach to the question of how Europe's General Data Protection Regulation (GDPR) applies to WHOIS, a tool widely used by cybersecurity professionals, businesses, intellectual property owners, consumer protection agencies and others to facilitate a safer and more secure internet.  more