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In the ICANN world, our relations are often a little tumultuous, as policy-making bodies can be. As I look back on my experiences over the last decade at ICANN (and many committees, working groups and task forces), one stands out for its quality, dedication, professionalism and hard work. That's the Special Trademarks Initiatives Working Team, or the STI. I was proud to be a part of the Team as an Non-Commercial Stakeholders Group (NCSG) representative, and this tribute reflects my high regard for the Team and the recommendations it produced. more
On Wednesday September 29th at 1PM there will be a meeting in the Old Executive Building in Washington D.C. with Registries and domain Registrars to discuss illegal Internet sales of prescription drugs. ICANN was originally invited but declined because citing "inappropriateness" . One "U.S." Registrar who definitely will not be in attendance is OnlineNIC 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
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
In light of recent announcements regarding Cameroon's country code Top-Level Domain, .CM, being opened to public registration, Tresa Baldas reports on Law.com: "Trademark attorneys are warning companies about a new target for cybersquatters known as '.cm,' which is the country code -- or top level domain -- for the West African nation of Cameroon. The dot-cm domain is a hot target for scammers, they say, due to 'cm' being a common typographical error for 'com' in the popular dot-com domain. Attorneys say this is significant to brand owners because Internet users searching for brand owners' Web sites frequently mistype dot-com as dot-cm and wind up on a bogus site. Not only is Web traffic lost, they say, but a brand name can get diluted or tainted along the way." (Also see, Nation of Cameroon Typo-Squats the Entire .com Space from 2006) more
Yesterday, I sent ICANN my comments about the draft recommendations from ICANN’s Implementation Recommendation Team (IRT), which has been tasked with coming up with a trademark protection scheme for new top-level domains. For the most part, I think they did an excellent job... more
According to latest reports from the World Intellectual Property Organisation (WIPO), allegations of cybersquatting by trademark holders continued to rise in 2008, with a record 2,329 complaints filed under the Uniform Domain Name Dispute Resolution Policy (UDRP). This represented an 8% increase over 2007 in the number of generic and country code Top-Level Domain (gTLDs and ccTLDs) disputes handled and brings the total number of WIPO cases filed under the UDRP since it was launched ten years ago to over 14,000. To improve efficiency and respond to growing demand, WIPO has proposed an "eUDRP Initiative" to render the UDRP paperless... more
Defendant Shui registered the domain name citybank.org and established a site there promoting financial services, sometimes using the mark CITIBANK. The real Citibank, armed with its trademark registrations in over 200 countries and over 50 years of use of its CITIBANK mark, filed suit against Shui under the Anticybersquatting and Consumer Protection Act, 15 USC 1125(d) ("ACPA")... Citibank sought $100,000 -- the maximum amount of statutory damages available under the ACPA, plus payment of Citibank's attorneys' fees... more
It didn't seem to make any headlines, but it is an interesting sign of the Internet times that, effective January 1, 2009 , the United State Patent and Trademark Office ("USPTO") changed the International Classification of "domain name registration services" to Class 45 (defined below). The reason that the move is interesting is that it is just one more indication that the world of the Internet is becoming less and less about technology and more and more about law and policy. more
Philbrick's Sports is a New Hampshire retailer of sporting goods. eNom's customer registered two domain name variants of Philbrick Sport's website. When the customer didn't pay eNom, eNom took the names back for itself... Each of these domain names were parked with Yahoo, who displayed sponsored ads on the domains. Philbrick's then sued eNom, claiming cybersquatting and trademark infringement. more
Back from the holidays I must admit I was thinking quite a bit on what is good policy for a registry? Of course I have my own personal favorites that I can not walk away from easily, but instead of thinking for too long, I decided to write down now immediately what is in my head. The main reasons for this are two: the decision by ICANN to change the rules for change in policy regarding the Add Grace Periods. more
As ICANN introduces new generic top level domains (gTLDs) and separates itself from US oversight, it has the opportunity to distance itself from the taint of cybersquatting, brand abuse, and criminal activity involving domains... To underscore the scope of the issue, consider this research on just 30 top Interbrand-ranked global brands. The most recent MarkMonitor Brandjacking Index found cybersquatting incidents increased over 40% in the last year for the brands that were studied; these leading brands suffered as many as 15,000 incidents per brand... more
My weekly technology law column focuses this week on the new CIRA whois policy that is scheduled to take effect on June 10, 2008. The whois issue has attracted little public attention, yet it has been the subject of heated debate within the domain name community for many years. It revolves around the whois database, a publicly accessible, searchable list of domain name registrant information (as in "who is" the registrant of a particular domain name). more
The Internet Commerce Association (ICA) has posted a position paper and analysis of S. 2661, introduced on 2/25/08 in the US Senate. While we are firmly opposed to phishing and other criminal activities that may utilize domain names we are very concerned about the provisions of the proposal that appear to provide trademark owners with a means to avoid both UDRP and ACPA actions and alternatively bring private claims against domain names with a lower burden of proof and the potential for far higher monetary damages, without even requiring an allegation that the DN was in any way being utilized in a phishing scheme... 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
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