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Patent practitioners are familiar with the long-honored practice of engaging in standards-setting activities with the aim of having the standard ultimately require the use of one's proprietary technology. This practice is no longer limited to patents, but has become the game the whole family can play. While most standards-setting organizations have caught on, and have implemented IP disclosure policies, ICANN has not done so... As some are aware, the question of making single-character domain names available has been a perennial topic of discussion within ICANN, championed by a few who have quietly been engaged in some interesting advocacy within the USPTO along a parallel track. more
There have been quite a number of recent articles about various IPv6 issues. Thus the question: how far along is the actual IPv6 deployment? This is a quick-and-dirty survey that focuses mainly on the content provider side. What domains were surveyed? Alexa offers country depended TopSites listings. Domains listed are frequently visited by users from that country, not necessarily hosted there... more
In response to accusations lodged yesterday in a post on the DomainState forum, NSI has issued a statement which essentially admits that it engages in a form of domain front running. No one has challenged domain Front Running by registrars in the courts, likely because the practice is new and since the loss of a single domain would not typically generate a level of damages to support litigation. But litigation over this arguably fraudulent domain practice by registrars is both viable and likely inevitable... more
Some cybersquatters register domains in bad faith as part of a business plan to monetize domains by leveraging famous trademarks and high-traffic web sites. Some cybersquatters just don't understand the law. In this this tongue-in-cheek post, we provide a real world case study of the most common mistakes made by cybersquatters when registering trademark protected domains in bad faith. more
I wrote this history and analysis of domain tasting for the ICANN Business Constituency membership. It's by no means perfect but I thought I'd share it with those who would like a bit more color on the subject. "Present day 'Domain Tasting' has its roots in 2001 and 2002 when a small group of ambitious domain registrants persuaded two registrars to allow them to register large blocks of domain names for the purpose of establishing which names garnered type-in traffic..." more
Once in a while, one comes across a new take on history that challenges everything you thought you knew. If you're the type who engages in bar bets with geeks, then this one is a certain gem. In 2001, Equifax submitted to the USPTO a sworn application to register a curious trademark, which eventually issued in 2004 with this data... Aside from the fact that Equifax has never actually held registration of the domain name efx.com, the truly outstanding fact here is that Equifax and/or its attorney has actually sworn to the United States Government that it was using "EFX.COM" as a mark for the provision of providing educational seminars via the internet since February 1975... Until now, I had imagined that Jon Postel added .com to the root in 1985. more
How prevalent is cybersquatting and typosquatting? Take a look at www.wipo.com, and then compare it with the World Intellectual Property Organization's web site www.wipo.org. Ironically, the WIPO Arbitration and Mediation Center handles a majority of the UDRP domain dispute arbitrations internationally. The very organization which is invested with the authority by ICANN to resolve cybersquatting and typosquatting disputes internationally under the UDRP is, by all appearances, being squatted. Here are two apparent typosquatters... more
Bob Marley's Wailers, who eventually became known simply as the "Wailers" after Bob Marley's death, successfully argued for dismissal of this cybersquatting and trademark infringement lawsuit brought by band members of another Wailers musical group who started using the band name 10 years before Bob Marley named his group in 1969... more
The defendants in Dell's domain tasting suit responded last Friday. It looks like a pretty feeble response to me. Their main argument is that they're just the registrar, and deny Dell's claim that the registrants are fakes made up by the registrar. They also argue that they're not infringing, they didn't use the names in question in commerce, they were just acting as helpful search engines, you know, like Google or Yahoo. (The comparison to Google and Yahoo is theirs.) more
The Internet Governance Project has unearthed a consultancy report to the U.S. Department of Homeland Security (DHS) that makes it clear that the issue of root signing and DNSSEC key management has been recognized as a political issue within the US government for long time. more
We know that the Internet is running out of IPv4 addresses and that some in our community check twice a day Mat Ford's doomsday clock or spend an hour once a week reading the tea leaves based on Geoff Huston's exhaustive data compiled at Potaroo. Like with global warming, there is still a school of thought out there arguing that this running out of IP addresses is just fear mongering and that we are not really running out of IPv4 addresses as a NATted world is more than adequate to run the Internet for the foreseeable future. We know that the Internet is running out of AS... more
After looking at the state of DNSSEC in some detail a little over a year ago in 2006, I've been intending to come back to DNSSEC to see if anything has changed, for better or worse, in the intervening period... To recap, DNSSEC is an approach to adding some "security" into the DNS. The underlying motivation here is that the DNS represents a rather obvious gaping hole in the overall security picture of the Internet, although it is by no means the only rather significant vulnerability in the entire system. One of the more effective methods of a convert attack in this space is to attack at the level of the DNS by inserting fake responses in place of the actual DNS response. more
Dell filed a suit in Florida in early October against a nest of domain tasters in Miami, widely reported in the press last week... The primary defendant is a Miami resident named Juan Vasquez, doing business as several registrars called BelgiumDomains, CapitolDomains, and DomainDoorman, as well as a whole bunch of tiny companies of unknown authenticity... Those registrars have an egregious history of domain churning. I gave a talk on domain tasting at MAAWG in October in which I picked out the registrars who churned the most domains from the May registrar reports, and those three were the worst, each having registered about 500,000 domains, refunded over 10 million... more
Nominet has published a very detailed and comprehensive position paper on "front running". Although the paper is a mere 5 pages long it covers all the areas that the topic encompasses very well and is well worth a read. The topic of "front running" has received some publicity in the last few months. If you're not familiar with the concept Nominet's definition is helpful... more
Reported in the Washington Post no less: "Dell Takes Cybersquatters to Court". As reported a few weeks ago, this is a very thorough action targeting certain practices and practitioners... I'm surprised a suit this thorough didn't name Google as a co-defendant. Then again, maybe it's not that surprising because Google offers a well liked product, has a lot more money; and a search partnership with Dell that allows Dell to share in the profit when its users engage in "right of the dot" typosquatting on Dell keyboards. It's funny, because one day, Dell could find itself on the defendant's side of the courtroom... more
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