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According to a report from the World Intellectual Property Organization (WIPO), trademark owners filed a record 3,447 cases under the Uniform Domain Name Dispute Resolution Policy (UDRP) with WIPO's Arbitration and Mediation Center in 2018. more
Too many techies still don't understand the concept of due process, and opportunistic law enforcement agencies, who tend to view due process constraints as an inconvenience, are very happy to take advantage of that. That's the lesson to draw from Verisign's proposal and sudden withdrawal of a new "domain name anti-abuse policy" yesterday. The proposal, which seems to have been intended as a new service to registrars, would have allowed Verisign to perform malware scans on all .com, .net, and .name domain names quarterly when registrars agreed to let them do it. more
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 paragraph 4(c)(iii) safe harbors of the Uniform Domain Name Dispute Resolution Policy are construed from a five word phrase, "legitimate noncommercial or fair use." "Noncommercial" like "identical" in paragraph 4(a)(i) has a defined meaning; it does not include domain names inactively held (for any alleged purpose), although non-use is not necessarily fatal to rights or legitimate interests. "Fair use" has a larger canvass; it includes nominative (commercial) use that is fair and Constitutionally protected speech. more
There are predatory-domain name registrants, and there are registrants engaged in the legitimate business of acquiring, monetizing and reselling domain names. That there are more of the first than the second is evident from proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). "Given the human capacity for mischief in all its forms, the Policy sensibly takes an open-ended approach to bad faith, listing some examples without attempting to enumerate all its varieties exhaustively. more
Avivah Litan, the storied Gartner analyst, laid it down succinctly for insiders in her blog two and one-half years ago. She said, "Web 3.0 will transform us from Web 2.0's monetization via surveillance capitalism and advertising to monetization built directly into the protocol that is equally available to any connected user." Translated, that means we'll control our destiny by owning and managing our credentials for logging into systems, content, financial resources, and, importantly, our data. And, we are told, blockchain technology will enable all that. more
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
The implementation of the General Data Protection Regulation (GDPR), and ICANN's conservative temporary policy, which favors privacy and limits registrar liability, has made domain enforcement against cybersquatters, cyber criminals and infringement more difficult, expensive and slow. With heightened concerns over privacy following high-profile breaches of consumer data and its subsequent illicit use and distribution, there is no question that consumer data protection practices would come under scrutiny. more
As the brand protection industry approaches a quarter of a century in age, following the founding of pioneers Envisional and MarkMonitor in 1999, I present an overview of some of the main outstanding issues which are frequently unaddressed or are generally only partially solved by brand protection service providers. I term these the 'Millennium Problems' in reference to the set of unsolved mathematical problems published in 2000 by the Clay Mathematics Institute, and for which significant prizes were offered for solutions. more
The portfolio includes Web of Science, Thomson CompuMark, Thomson Innovation, MarkMonitor, Thomson Reuters Cortellis and Thomson IP Manager. more
The '.sucks Top Level Domain (TLD), by Vox Populi, which initially faced criticism from brands due to its launch fee of $2,499 is now listed on the world's largest domain registrar, GoDaddy. more
When applying for a new gTLD, what happens if two applications for the same extension are a city and a family name? Which one wins? Let's imagine that a person whose family name is "Marseille" applied for the .MARSEILLE new gTLD in the next round of the ICANN new gTLD program. What if there was a .MARSEILLE new gTLD too but as the name of the French city? more
ICANN has been sent a letter by the European Data Protection Supervisor calling them out with respect to both data collection, retention and privacy within the context of the 2013 Registrar contract (RAA). The letter is the first instance of one, to my knowledge, which makes reference to the ECJ's recent ruling that rendered the data retention directive null and void. more
The Recording Industry Association of America (RIAA) has been taking a lot of people to court -- basically, harassing folks in an attempt to curb file-sharing. The $220,000 verdict against Jammy Thomas got a lot of news (and probably worried a lot of folks). However, on appeal (i.e., after a new court not cherry-picked by the RIAA to try the case looked things over), the RIAA lost... again. ...At its heart, the verdict reaffirms that simply making a copyrighted work available is not the same as actually distributing the work. more
The Uniform Domain Name Dispute Resolution Policy (UDRP) is a rights protection mechanism crafted by the World Intellectual Property Organization (WIPO) and adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) for trademark owners to challenge the lawfulness of domain name registrations. Cybersquatting or abusive registration is a lesser included tort of trademark infringement, and although the UDRP forum is not a trademark court, as such, in some ways it is since it empowers (assuming the right alignment of facts) to divest registrants of domain names that infringe a complainant's trademark rights. more
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