When properly used, the UDRP enables trademark owners to take control of abusive domain names. Yet sometimes the UDRP itself is misused by trademark owners to try to seize desirable domain names to which they have no legal entitlement. Is there a downside to misusing the UDRP to attempt a domain name hijacking? Unscrupulous companies at times misuse the UDRP by improperly invoking its power to compel a transfer of ownership in order to seize inherently valuable, non-infringing domain names that the companies desire for their own use. more
The weighing of evidence involves the connecting of dots, which involves drawing inferences. However, just as there can be false positives, there can be false inferences. The tendency may be to think of inferences as coming in one size, but not all inferences are logically correct. Some are weak and others strong. The reason for talking about both kinds is that so much depends on the quality of their making. more
Would you be interested in helping guide the future of the Public Interest Registry (PIR), the non-profit operator of the .ORG, .NGO and .ONG domains? If so, the Internet Society is seeking nominations for three positions on the PIR Board of Directors. The nominations deadline is Monday, February 4, 2019, at 15:00 UTC. There are three positions opening on the PIR Board. Directors will serve a 3-year term that begins mid-year 2019 and expires mid-year 2022. more
The .BEST new gTLD Registry was acquired 3 months ago by Cyril Fremont, a French Entrepreneur from Paris, and a team of investors. I took the time to meet with Cyril in the latest ICANN63 meeting in Barcelona to ask him a few questions about his future new gTLD project, three months after it was acquired from the previous owner... .best has just released the MVP (Minimum Viable Product) of the social network. The ".best" social network will be officially present at the next Namescon... more
In the early days of the internet, companies only needed a simple web presence to be among the pioneers of digitization. Playfully animated hover buttons and electronically-synthesized background music were commonly accepted standards. To appear on a search engine, webmasters simply had to submit the URL of their website. more
Prior to November 30th of this year, the National Telecommunications and Information Administration (NTIA) must decide whether to renew or allow to expire its Cooperative Agreement with Verisign, the private-sector corporation that operationally controls the root of the Internet.. The Cooperative Agreement is unusually obscure, especially considering its central role in the operation of the Internet's Domain Name System (DNS). more
Matt Serlin is the former Chair of the ICANN Registrar's Constituency and is currently a member of the Expedited Policy Development Process (EPDP) team on the Temporary Specification for gTLD Registration Data. For the past several months, Matt has met at least 2 times each week with members of EPDP team. As a reminder, the EPDP team is comprised of 31 individuals representing various groups within the ICANN community... more
In the discussions proceeding the World Intellectual Property Organization (WIPO) publishing The Management Of Internet Names And Addresses: Intellectual Property Issues (Final Report, April 30, 1999) that ultimately led to the ICANN implementing the Uniform Domain Name Dispute Resolution Policy (UDRP) (1999) commentators considered three remedies to combat cybersquatting: suspending, cancelling, and transferring infringing domain names. more
One of the fallouts of disruptive inventions is the need for new laws to counter their unexpected consequences. As it concerned the Internet, these consequences included a new tort of registering domain names identical or confusingly similar to trademarks and service marks with the intention of taking unlawful advantage of rights owners. Prior to 2000 the only civil remedy for "cybersquatting" or "cyber piracy" was expensive and time-consuming plenary actions in courts of competent jurisdiction under national trademark laws. more
A split Panel in an early decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) held that parties deserve more than "[i]t depends [on] what panelist you draw." Time Inc. v. Chip Cooper, D2000-1342 (WIPO February 13, 2001). That's one side of the paradigm; the other side makes demands on the parties to prove their contentions, either of cybersquatting (one element of which is proving that respondent lacks rights or legitimate interests) or rebutting the claim (one element of which is respondent demonstrating it has rights or legitimate interests). more
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