Dialogue is the only way to end cybersquatting. Distrust between brand owners and domain owners (with an assist from some cockeyed business incentives) has turned a problem into a very expensive vicious cycle. Now that ICANN is about to launch new top-level domains (TLDs), negotiations must start immediately or both sides will pile up further loses. Here's how the problem plays out now. more
Every time I see a federal appellate opinion on domain names, I'm vaguely reminded of the Country Joe song I-Feel-Like-I'm-Fixin'-To-Die Rag, whose course goes "And it's one, two, three, what are we fighting for?" Fortunately, domain name disputes do not lead to the senseless loss of life we experienced from the Vietnam War. Unfortunately, lengthy domain name litigation usually has little more strategic value. more
We have just returned from the Brussels, Belgium ICANN meeting where we released our Registrar audit, the Internet "Doomsday Book." There are many topics covered in the report, but we wanted to follow up specifically on the issue of WHOIS access and add data to our previous column Who Is Blocking WHOIS? which covered Registrar denial of their contracted obligation to support Port 43 WHOIS access. more
In this action under the usTLD Dispute Resolution Policy (which mirrors the Uniform Domain Name Dispute Resolution Policy), Complainant sought transfer of the Domain Name grazia.us. Complainant, an Italian company, has used the mark GRAZIA for many years in several markets around the world in connection with its fashion magazine. more
Chanel's warning to counterfeiters: "we are watching and we are taking action." That's the literal message you will see when visiting around 40 websites that used to sell counterfeit goods (such as mychanelshop.com) that now redirect to the Chanel-owned website chanelreplica.com. These domains were transferred to Chanel as a result of a favorable decision rendered in May 2010 against two counterfeiters. more
Reporting from Brussels, Belgium. Since January KnujOn has been conducing its own audit of ICANN Registrar contractual compliance and illicit commerce within the generic Top-Level Domain (gTLD) space. Our findings are shocking. more
My book, "The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-dominated World" is now available by Routledge. The following is an overview of the book. more
As the shorter of the ICANN interregnums comes to a close and the ICANN faithful finalize their dinner reservation agendas for Brussels, it is time again for a preview of what will be 'on-tap' at next week's ICANN meeting. While, as always, there is a lot going on in ICANN Land, a scan of the blogosphere and ICANN list serves suggests that the four most discussed topics will be... more
In part two of The [Dot] Brand Tribes we argued that introducing new branded generic Top-Level Domains (gTLDs) would bring value to brand owners and have positive effects on customer recognition. In this last post we'll continue that theme and talk about how brand owners can come together to provide shared spaces using the banking industry as an example. more
On April 16 ICANN issued a breach notice to Turkish Registrar Alantron for not consistently providing access to its WHOIS database via Port 43, a command-line query location that all Registrars are required to supply under conditions of their contract with ICANN under section 3.3.1. Four days later they issued a breach to Internet Group do Brazil for the same problem. ... The WHOIS record, as we all know, is a massive fraud with illicit parties filling records with bogus information and hiding behind anonymity. more
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