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From 5 April to 14 May 2004 trade mark owners can apply in the .pro domain for defensive registrations corresponding to their marks. The .pro domain is only available to doctors, lawyers and CPAs during this period, known as a "sunrise period". ...During the period when the creation of ten new generic domains is being discussed, it seems timely to wonder whether the multiplicity of generic extensions is not killing the specificity inherent of each of them. In addition, having a "sunrise period" for this new domain might be perceived by trade mark owners as an invitation to spend money rather than as a measure aimed at protecting their intellectual property rights. more
Last month, John Klensin wrote an article published here on CircleID regarding Internationalized Domain Names (IDN) Top Level Domains (TLD). Based on his Internet Draft, John suggests using language translation in the application for TLD. The advantage of this method is that all existing TLDs can now be represented in any number of languages without additional need for ICANN to create new TLD. While this sounds like a clean solution to the IDN TLD problem, I don't think it is viable for the following five reasons... more
Much of the discussion about proposed TLDs centres around domain names as a form of classification: ".mobi" for mobile device content, ".kids" for child-safe content, language codes for language-specific content, ".museum" for museum-related entities, and so on. Notoriously little activity has been forthcoming in actually implementing these proposals, and the select few that have been allowed out into the world are, shall we say, a tad arbitrary. I'd like to engage in a little thought experiment where we abandon the "few TLDs with carefully chosen meanings" paradigm, and instead consider the benefits of a cornucopia of completely meaningless TLDs. more
The UN's WSIS Prepcomm in Geneva has ended on a divided note. The US Government's Ambassador Gross pre-announced war-cry "The United Nations will not be in charge of the Internet. Period." had been met by a nearly unanimous global response from nations for some sort of government control of the Internet on a multilateral basis. A raft of proposals to alter the current situation are on the table -- most of them fairly benign, but none supportive of the indefinite continuance of unilateral US control of the root zone authorisation. more
The resale of genuine products presents particular difficulties in domain name disputes, testing the application of fair use doctrine. Several domain name disputes involving the resale of event tickets illustrate the point. I served as a panelist in one such case The Orange Bowl Committee, Inc. v. Front and Center Tickets, Inc., D2004-0947 (WIPO 2005). The decision, which issued with a dissent, explored fair use in the domain name context and addressed several related ticket resale disputes. more
The basic problem posed by WSIS was the role of national governments and national sovereignty in global Internet governance. That conflict remains completely unresolved by the WSIS document. The document's thinking is still based on the fiction that there is a clear divide between "public policy" and the "day to day operation" of the Internet, and assumes that governments should be fully in control of the policy-setting function. Moreover, new organizational arrangements are being put into place which will carry on that debate for another 5 years, at least. The new Internet Governance Forum is a real victory for the civil society actors, but also fails to resolve the basic issue regarding the role of governments and sovereignty. Although called for and virtually created by civil society actors, the language authorizing its creation asks to involve all stakeholders "in their respective roles." In other words, we still don't know whether this Forum will be based on true peer-peer based interactions among governments, business and civil society, or whether it will reserve special policy making functions to governments. more
The UDRP is obviously not working. Two websites, fundamentally the same (criticism at trademark.tld), two opposite decisions, both within weeks of each other! A Complainant (Biocryst Pharmaceuticals Inc) initiated a complaint to WIPO about one of my criticism websites (biocrystpharmaceuticals.com). The Panel found in my favour. Another Complainant (Eastman Chemical Inc) meanwhile made a complaint to NAF regarding another of my criticism websites (eastman-chemical.com). The Panel found against me. The two websites are fundamentally the same, both websites in criticism of the practices of the individual companies concerned... more
Most people, even seasoned IT professionals, don't give DNS (the Domain Name System) the attention it deserves. As TCP/IP has become the dominant networking protocol, so has the use of DNS... Due to the reliability built into the fundamental RFC-based design of DNS, most IT professionals don't spend much time worrying about it. This can be a huge mistake! more
An article in the September issue of Wired explores search spam and the role of .info domain names. The article, titled "Spam + Blogs = Trouble" is a good overview of the problems of search spam, blog spam, and other various forms of web activity designed to take advantage of search engines. (The article will be online September 5, but you can read it on page 104 of the print edition that is available to subscribers now). For those not versed in search spam, it's basically creating multiple websites, typically auto-generated by computers, to get good search rankings and then monetize the resulting search traffic through AdSense or affiliate programs. The article focuses much of its attention to splogs, or auto-generated blogs... more
Last month's column looked at the exhaustion of the IPv4 unallocated address pool and the state of preparedness in the Internet to grapple with this issue... There has been a considerable volume of discussion in various IPv6 and address policy forums across the world about how we should respond to this situation in terms of development of address distribution policies. Is it possible to devise address management policies that might both lessen some of the more harmful potential impacts of this forthcoming hiatus in IPv4 address supply, and also provide some impetus to industry to move in the originally intended direction to transition into an IPv6 network? more
Domainer litigation is heating up, and this lawsuit may be the most ambitious anti-domainer lawsuit to date. First, it is a putative class action lawsuit. Second, in addition to naming four leading domainer firms, the plaintiffs provocatively go after Google for providing ads to domainer sites. I believe this is the first lawsuit against Google for its domainer relationships. The complaint itself is a 121 page, 638 paragraph (with one paragraph enumerating 47 defined terms), 4.3MB behemoth alleging trademark infringement and dilution, ACPA violations, RICO and other claims. more
In my day job I run one of the largest registrars / resellers of IE domains (the IE ccTLD is the domain name for Ireland). In the course of doing that I have spent quite a lot of time becoming accustomed to the rules and regulations that govern both the naming and general registration criteria of IE domains. In some cases I can understand why rules are the way they are, whereas in others I am completely baffled... more
In the final part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations that are held passively is examined with respect to the trademark's characteristics. The registrant's attitude could in some circumstances also be regarded as evidence of bad faith use of a domain name that is held passively. Panels often infer evidence of bad faith of the registrant from an unsatisfactory response or an absence of response to the complainant or if it is impossible to contact the respondent. more
News.com published a well-research article on the Chinese Domain Names by Winston Chai: "This approach works fine in the English-savvy world. However, for non-English speakers, they could be faced with the unenviable task of rote-learning numerical IP addresses, which is highly improbable, or the English spellings of dozens of Web sites they want to access." Just a few points of interest... more
ICANN's latest announcement of preliminary approval for two new top level domains (.mobi and .jobs) and it's recently ended meetings in Cape Town, South Africa, have sparked off renewed discussions for the introduction of new TLDs -- more specifically, the expansion of sponsored and generic top level domains (TLDs). The following is a collection of recent commentaries made by both technical and non-technical members of the community with regards to the expansion of the domain name space. To add your comments to this collection, please use the comment entry form at the bottom of the page... more
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