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Domain Name Containing Trademark Translation is Determined Confusingly Similar

Interesting WIPO case (D2005-1085): Complainant (Saint-Exupery estate) owns "Le Petit Prince" in EU, US, and other countries. The translation of "Le Petit Prince" is "The little prince". Respondent registered 'thelittleprince.com'. Is such a domain name confusingly similar to the trademark? more

How to Listen to the Individual Internet User

The recent ICANN meeting in Vancouver touched upon many issues important to ordinary Internet users: privacy in domain name registration; the cost and terms of .com domain names; internationalized domains; introduction of new domain suffixes. But there were few "ordinary Internet users" at the meeting. Few people can roam the globe to keep up with ICANN's travels, and not many more participate in online forums. more

Is a Domain Name Property?

In an article by Sheldon Burshtein, published in the Journal of Intellectual Property Law & Practice, the author examines the view on whether domain names are properties. The following is the abstract of this article: "...Domain names have become increasingly valuable assets, in some respects more valuable than trade marks. A domain name may identify not only the source of the goods, services, business or information, but also the virtual location of the source, much as an address or telephone number does. However, there is still a significant unresolved issue as to whether a domain name is a form of intangible property or merely a contractual right." more

The “Parked Domain Monetization” Business

I think that a large number of people buying domains can't get their first choice name because some "parked domain monetization" operation (cyber-squatter) owns it and is making money running ads on the page. The trick is to sign up for millions of domain names; set up pages and run ads on them; after 1 day delete domains that have no traffic; after 3 days delete names that have some traffic; after 5 days delete pages with marginal traffic; keep the 1% of pages that have enough traffic to be worth keeping the domain. Because of the refund policy, the 99% of pages deleted before the 5 day grace period are refunded in full and the "monetizer" gets to keep the ad revenue generated over those 5 days. ...Interestingly, I think Google AdSense probably has boosted the viability of this business. more

Verisign Gets .COM Forever, But ICANN Gets a Lobbyist

A press release on the ICANN web site says that ICANN and Verisign have agreed to settle all pending lawsuits, and there’s a new .COM agreement, all tentative but if history is any guide, nothing short of DOC action is going to stop it. The good news is that VeriSign has agreed not to make unilateral changes like Sitefinder. They have to give prior notice to ICANN for any material change in the operation of the registry, and if ICANN has any concerns there’s a lengthy process full of expert panels and Consensus and the like to decide whether they can do it. more

ICANN, WSIS and the Making of a Global Civil Society - Part III

For a book project I decided to extend my interview with Milton Mueller from November 2003 (Part I | Part II). Exclusively for CircleID readers, here's part III that deals with WSIS, WGIG, US-American bias and the Internet Governance Project. "...One good result of the WGIG process is that the involved international community has already moved beyond those cliches. No one is proposing that the UN control the Internet. There is growing consensus that control of the DNS root needs to be internationalized..." more

Fitting .JOBS Into the Marketplace

There have been several posts over the last 48 hours in response to the new dot jobs domain on both sides of the argument. John Sumser from The Electronic Recruiting News provides a balanced view of the new domain and in the end determines that then new domain will not help job seekers. Gerry Crispin has a slightly different view on The CareerXroads, which is not surprising as Gerry was a advocate of the new domain from the beginning. Joel Cheesman provides a fantastic top 10 thoughts on the new domain as well... more

Domain Owners Lose Privacy

As facts unfold, and the NTIA's decision to take away our privacy comes to light, it is interesting to see the NTIA struggling to explain its decision. Keep in mind that an "as yet to be identified" bureaucrat made this decision to take away your privacy, did it without notice, and without holding hearings. Those affected were not given an opportunity to explain how the loss of privacy would negatively affect them. Quite simply, this is NOT how our government is supposed to work. We should be outraged... more

IDN and Homographs Spoofing

There is a published spoofing attack using homographs IDN. By using a Cyrillic SMALL LETTER A (U+430), Securnia is able to pretend to be http://www.paypal.com/. Actually this is well-documented in RFC 3490 under the Security Consideration: "To help prevent confusion between characters that are visually similar, it is suggested that implementations provide visual indications where a domain name contains multiple scripts. Such mechanisms can also be used to show when a name contains a mixture of simplified and traditional Chinese characters, or to distinguish zero and one from O and l..." more

Sender ID: A Tale of Open Standards and Corporate Greed? - Part I

A long long time ago when the Internet was still young and most people were still using clunky Apples, PCs and mainframes; two documents were published by the Advanced Research Projects Agency (ARPA), part of the US Government's Department of Defense. They were called "RFC 821 - Simple Mail Transfer Protocol" and "RFC 822 - Standard for the format of ARPA Internet text messages" respectively. Written by the John Postel and Dave Crocker respectively, often referred to as some of the founding fathers of the Internet, they defined a simple text-based email system for the use of the fledging network then called the "ARPA Internet"... more

The Site Finder Report: Dr. Stephen Crocker, Chair of the Committee

As an advisory committee, our focus is to give ICANN and the community our best advice regarding security and stability issues for the domain name system and the addressing system. We are not a standards, regulatory, judicial or enforcement body; those functions belong elsewhere. As we all know, VeriSign is in the process of suing ICANN on a number of matters, including ICANN's response to their registry change last September. Although VeriSign now contends that a number of us on the committee are "Site Finder co-conspirators" the next steps are really up to the ICANN board, the ICANN staff and the many members of the technical and operating community who run the domain name system. I'll be happy to interact with the members of the community here on CircleID as time permits. more

Recent WHOIS Report Overlooking Fundamental Issue?

Each Task Force recently published a report posted on ICANN's website on recommendations for modifications or improvements to WHOIS. The Task Force recommendations include proposals ranging from a recommendation to notify those who may be included in the database of the possible uses of WHOIS data to one that recommends ICANN offer the Internet community "tiered access" to serve as a vague mechanism to balance privacy against the needs of public access. Too many of the recommendations seem to be framed by those who view Internet users with hostility, such as the recommendation to punish domain name users when a domain name is cancelled or suspended for "false contact data," by canceling all other registrations with identical contact data. more

.Pro Asking for Second-Level Domains (Again)

In a Message from RegistryPro Advisory Board to Tina Dam on 24 October 2003, it is noted that .Pro is, again, asking ICANN to allow for the registration of 2nd level domains. I am, again, of mixed opinion on this. On the one hand, a registry should be able to do what it wants, within reason. This clearly falls into that category. On the other hand, .Pro has been denied once already on the grounds that registering 2nd level domains is not the proposal upon which they were approved in the "testbed" procedure of November 2000. more

Petition Against Site Finder

We Internet users, who either own domain names or have an interest in the domain name system, wish to object to the VeriSign's Site Finder system. We believe that the system: 1) Breaks technical standards, by rewriting the expected error codes to instead point to VeriSign's pay-per-click web directory, and threatens the security and stability of the Internet; 2) Breaks technical standards affecting email services, and other Internet systems... more

Digital Sovereignty and Internet Standards

There have been a number of occasions when the Internet Engineering Task Force (IETF) has made a principled decision upholding users' expectations of privacy in their use of IETF-standardised technologies. (Either that, or they were applying their own somewhat liberal collective bias to the technologies they were working on!) The first major such incident that I can recall is the IETF's response to the US CALEA measures. more