Brand Protection

Domain Registrations in New TLDs Overwhelmingly for Defensive Purposes, INTA Study

During the ICANN meeting in South Africa last week, the impact of new gTLD rights protection mechanisms (RPMS) was the subject of key discussions, and some concerns were voiced regarding trademark owners themselves registering domain names excessively and technically abusing the sunrise period. more

Offering Price as Evidence of Bad Faith Domain Name Registration: A False (UDRP) Factor

I have pointed out in earlier posts that some panelists disapprove of the business of speculating in domain names. There have been a succession of decisions expressing this view beginning with <crew.com> discussed below. Forfeiture has been justified with a mixture of theories. If the offering price is allegedly "excessive" or the domain name is passively held, or the respondent has renewed its registration after the mark is first used in commerce, the panelists find respondents have engaged in unlawful conduct and must forfeit their domain names. more

2013 Domain Name Year in Review

Well folks, it's that time of year again. It's time for our countdown of the top 10 biggest domain stories for 2013. And while my predictions from last year were accurate, in that we did see a record number of registry and registrar breaches, I had no idea that this year's biggest story would even appear on the list. So with that said, let's get started. more

What Is the Domain Name Expiry Cycle and Why Should You Know About It?

Domain names are registered by the thousands every day. In July 2021, 236,336 domains were newly registered daily on average across all top-level domains (TLDs). Tens of thousands were also newly expired. Other months could be just as busy. "Newly registered" and "newly expired." Those are two terms I often get questions about. Newly registered domains are domains that someone just reserved, typically through a registrar or web hosting company. Newly expired domains, meanwhile, are those domains that someone had reserved but decided to let go for one reason or another. more

2018 Domain Name Year in Review

Well, it's that time of year again. The time of year when I look back at all of the biggest domain news stories from the last twelve months, and also reflect on my predictions from last year. As expected, GDPR has had a major impact on the ability to access domain ownership information. And we did indeed see a number of M&A transactions over this last year. However, there wasn't a lot of new .Brand activity. This is one prediction where I may have missed the mark... more

Time of Registration in Determining Cybersquatting

While Panels under the UDRP and judges under the ACPA draw upon a similar body of principles in determining infringement -- both mechanisms, after all, are crafted to combat cybersquatting -- and though arbitration panels and judges undoubtedly view alleged tortious wrongdoing by abusive registrations of domain names through similar lenses and apply laws that may be outwardly similar, each protective mechanism has developed its own distinct and separate jurisprudence. more

An Unnatural .Bond: A Study of a ‘Megacluster’ of Malware Domains

A recent news story, following research from security provider Infoblox, highlighted the case of the 'Revolver Rabbit' cybercriminal gang, who have registered more than half-a-million domains to be used for the distribution of information-stealing malware. The gang make use of automated algorithms to register their domains, but unlike the long, pseudo-random ('high entropy') domain names frequently associated with such tools, the Revolver Rabbit domains instead tend to consist of hyphen-separated dictionary words (presumably so as to obfuscate their true purpose), with a string of digits at the end. more

TLD Operators Should Not Police Content, Says EFF

Electronic Frontier Foundation (EFF) released a letter today stating "companies and organizations that run the Internet's domain name system shouldn't be in the business of policing the contents of websites, or enforcing laws that can impinge on free speech. more

Domain Seizures for Copyright Infringement Likely to Move Beyond U.S. Based Registries

Efforts to take down websites for copyright infringement are likely to move beyond U.S.-based domain name registries, with ICANN promising to more closely cooperate with global law enforcement agencies and governments. During an open session with the Government Advisory Committee (GAC), the ICANN board confirmed that it will enforce its contracts with registrars more effectively in order to meet expectations from governments and law enforcement authorities. more

The Myth of the Unintended Infringer in SOPA and PIPA

In a recent op-ed piece in TheHill.COM, some friends and I described the futility of mandated DNS blocking as contemplated by the SOPA (H.R. 3261) and PIPA (S. 968) bills now working their way through the U.S. Congress: No Internet user is required to use the Domain Name servers provided by their ISP. And if millions of American citizens who for whatever reason want to engage in online piracy can no longer do so because Congress has passed this law and their ISP is now filtering the citizen's DNS lookups... more

Feds Shut Down File-Sharing Website Megaupload.com, Seven People Charged

Federal prosecutors in Virginia have shut down one of the world's largest Internet file-sharing sites, Megaupload.com, charging its founder and others with violating piracy laws, the Associated Press reports today. "The indictment was unsealed Thursday, one day after websites shut down in protest of two congressional proposals [SOPA & PIPA] intended to thwart the online piracy of copyrighted movies and TV programs." more

The Dos and Don’ts of DNS Management

The domain name system (DNS) is vital for businesses as it facilitates customer access to online services and resources. Strategic DNS management plays a pivotal role in cybersecurity, safeguarding against threat vectors and ensuring secure global connectivity across online channels including apps, email, websites, application programming interfaces (APIs) and more. more

New Zealand Releases Revamped Three Strikes Proposal

The New Zealand government has released a revamped three strikes proposal that incorporates full court hearings and the possibility of financial penalties. A prior proposal, which would have resulted in subscriber access being terminated without court oversight, was dropped earlier this year following public protest. more

EFF Cautions Against Unfair TLD Policies, Offers Advice on Choosing New gTLDs for Best Protection

In a white paper released on Thursday, EFF has warned domain registrants against unfair policies set by new TLD registries and offers ways to minimize exposure to trademark bullying. more

US Should Take More Aggressive Counter-Measures On IP Theft, Including Use of Malware

A bipartisan Commission recently produced a report titled, "The Report of the Commission on the Theft of American Intellectual Property". Karl Bode from dslreports.com writes... more