"First they ignore you, then they laugh at you, then they fight you, then you win!" quote by Gandhi pretty much summarizes the evolution of the domain name monetization and development business. I have watched this business come of age for more than half a decade... In the beginning nobody cared... then when people started talking about how great it was, 'smart people' and the "legitimate web" laughed. Then the trucks with money showed up... A significant double-digit percentage of global Internet traffic is now owned by domain holders with generic names. So the fight is on. more
The term "attack surface" is often heard in cybersecurity conversations. It refers to the sum of all possible attack vectors or the vulnerabilities that threat actors can exploit to penetrate a target network or damage an organization somehow. An unused and forgotten subdomain, for instance, can become an attack vector when taken over. Certain categories of companies have very large attack surfaces. Such is the case of streaming media businesses like Netflix and HBO Max. more
This past week I had two items pop up on my alerts. The first was about Facebook suing domain registrar Namecheap for allowing domains that impersonate the social media company and can be used for scams. The second was a plea by the Electronic Frontier Foundation to join in its crusade to stop the sale of the .ORG domain. It took me a moment to realize these are linked. more
The legal status of domain names is one of the most hotly debated topics with regards to evolving property rights and how they should be applied to technological and intellectual property 'innovations' in cyberspace. At present, there are two opposing factions on this topic: On one hand, there are those who maintain that domain names should be considered as contracts for services, which originate from the contractual agreement between the registrant and the registrar. more
While the U.S. Environmental Protection Agency (EPA) has been making news as the result of controversial changes brought about under the new Trump administration -- including the planned removal of "several agency websites containing detailed climate data and scientific information" -- the EPA also has generated some (lesser-known) domain name news: The agency won a decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) for the domain name noattacks.org. more
Despite the launch of more than 1,200 new gTLDs, .com remains far and away the most popular top-level domain involved in domain name disputes. In 2016, .com domain names represented 66.82 percent of all gTLD disputes at the World Intellectual Property Organization (WIPO), the only domain name dispute provider that publishes real-time statistics. And, as of this writing, the rate is even higher so far in 2017, with .com domain names accounting for 69.78 percent of all disputes. more
Not infrequently heard in domain name disputes are cries of shock and gnashing of teeth that domain name holders may lawfully offer their inventory at excessive prices. Take for example TOBAM v. M. Thestrup / Best Identity, D2016-1990 (WIPO November 21, 2016) (<tobam.com>). Respondent accused Complainant of bullying which Complainant denied... more
Cyberflight (defined as strategically transferring accused domain names to another registrar or registrant upon receipt of a complaint) was a sufficient irritant by 2013 for the ICANN to adopt recommendations to amend the Rules of the Uniform Domain Name Dispute Resolution Policy (UDRP). Effective July 1, 2015 the Rules now include a requirement for locking the domain as well as a change in the timing of transmitting the complaint to respondents. Before the amendment there had been no uniform approach to locking. more
The US Senate Committee on Commerce, Science and Transportation Hearing on ICANN's Expansion of Top Level Domain Names on December 8, 2001 was all about strategy. The strategy was simple: while the world has its attention turned to the debate on the copyright legislative proposals of the Stop Online Piracy Act (SOPA) and the PROTECT IP Act, let's have another ICANN hearing and try to re-open trademark protection for new gTLDs. more
Gary Elliot, chairman of the Association of National Advertisers and vice president of global marketing at Hewlett-Packard, wrote a column in Advertising Age titled "ICANN's Promises Aren't Simply Speculation, They're Outright Fantasy." His arguments opposing ICANN gTLDs are similar to the other heads of various advertising associations around the world. While the main powerbrokers of the global advertising sector are mum, their association heads are using the same circulated message of cyber-squatting fears without any solid proof. Here is my analysis and an open challenge to the trade. more
ICANN's proposed final applicant guidebook unraveled some new policies that would disqualify applicants from the new TLD program. ICANN states that if you lose 3 UDRP cases, you will be disqualified from being a major shareholder, partner, officer, director of a new top-level domain registry... Has ICANN opened a new can of worms with the 3-strike rule? more
The bulk of corporate domain portfolios largely consist of defensive registrations which often include common misspellings, product names, and abbreviations in countries where they may not even be doing business. More than ever, with the launch of new generic Top-Level Domains (gTLDs) expected to occur next year, companies are now taking a hard look at their defensive holdings and asking themselves whether or not they really need all of these registrations. 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
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
There is an old saying that "bad news comes in threes." Domain name service providers have witnessed two unsettling developments in the past few weeks. The third, still winding its way through the U.S. Congress, could have enormous ramifications. Registries and registrars, in particular, need to speak up or resign themselves to the consequences. more
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