In Blogs devoted to news from the domain name industry and domainers, there is great glee in reporting about overreaching trademark owners. The reason for the glee, I think, is that it's a form of collective sigh from domainers and the domain industry that the UDRP is working as it should, which means that Panels are careful in their assessments of parties' rights. more
The much-maligned Uniform Rapid Suspension System (URS) is not only failing to catch on -- it's actually starting to fade. Once envisioned as a popular rights-protection mechanism for trademark owners under the new generic top-level domain names (gTLDs), the URS instead is seldom used. In fact, despite the growth in new gTLD registrations, the URS is in decline. more
2015 was a challenging yet exciting year for brand owners. While new gTLDs continue to consume much of the news in the domain industry, there were other notable highlights. Global domain registrations reached nearly 300 million; ICANN had several initiatives in motion that were of particular concern to brand owners; and companies continued to face threats to their brand reputation, revenue and customer trust. Here's my top 5 domain highlights from 2015. more
Imagine a California non-profit corporation providing material assistance to a criminal wanting to do you physical and financial harm. Then, imagine that corporation is ICANN. Imagine no longer, because that is precisely what the ICANN Compliance department managed to pull off this week, in an all-too-common demonstration of the havoc they can cause by sheer ineptitude, without apology or concern. This is the situation which crossed my desk this week. more
We need a tax. You don't hear that too often. But right now a tax is the weapon needed by the domain name community. We face way too many cyber- and typosquatters. To drive them back, let's tax parked and unused domain names. Done right -- sized properly and phased in -- the tax will make it much harder for speculators to turn a profit while they keep domains sitting idle or parked. more
The federal Anticybersquatting Consumer Protection Act (ACPA) [15 U.S.C. 1125(d)] is a provision in U.S. law that gives trademark owners a cause of action against one who has wrongfully registered a domain name. In general, the ACPA gives rights to owners of trademarks that are either distinctive or famous at the time the defendant registered the offending domain name. The Eleventh Circuit Court of Appeals recently affirmed the decision of a lower court that dismissed an ACPA claim... more
The post reconsiders a cooperative solution to cybersquatting that I proposed in 2007. I also draw on examples of success and failure of legal actions to protect intellectual property (IP) licensing. Cybersquatting has gone unabated with the new gTLDs despite the introduction of new protection instruments such as the Trademark Cleaning House (TMCH) database and the availability of Uniform Rapid Suspension (URS) services, as well as declarations by registries of their intentions to block unauthorized registrations. more
With just over 2.4 million New gTLDs registered, abuse trends are beginning to emerge. Earlier this month we conducted a review of the top 100 most highly-trafficked Web property names across the top 5 most popular new gTLD registries. It is apparent that the abuse we had expected has occurred -- just not where we had anticipated. more
Moore's law postulates that the number of transistors in an integrated circuit will double every two years. That law has given us smartphones and other devices with astonishingly diverse capabilities at ever lower costs. However, while it does not encompass online brand infringement, many trademark managers feel that their task is likewise expanding at exponential speed and imposing escalating costs. Potential cybersquatting based in the more than one thousand new generic top level domains is only one new source of anxiety. While the jury is still out on the level of harmful cybersquatting and the efficacy of the new Rights Protection Mechanisms (RPMs) for new gTLDs, that ICANN program is hardly the only challenge. more
An initial review of ICANN's response to litigation seeking it to turn over control of the ccTLDs of Iran, Syria and North Korea led to the conclusion that it had opened a "legal can of worms". A few more just wriggled out, and they threaten the basic assumption that underlies the U.S. statute governing cybersquatting and the practices engaged in by Federal officials seizing domain names engaged in intellectual property infringement. more
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