Some of ICANN's current proceedings on the introduction of new generic top level domains (gTLDs) provide a case study on how not to develop public policy. In particular, the Rights Protection Mechanism proceedings, with serious implications for trademark owners, have followed a course that does not correspond to the ideal of ICANN's bottom-up, consensus-based processes for policy development. More importantly, these proceedings are effectively unilateral developments in international law without the benefit of treaties or international conventions. more
If you want to know the world's most dangerous country code Top-Level Domains (ccTLDs), ask an anti-virus software company. McAfee has released its list of most dangerous country codes. Here are the top five... more
A secret weapon is falling into dangerous hands. Organized cybercriminals are building up portfolios of cybersquatting domain names. A smart operator with such a portfolio can go beyond simple stealing and competing full out for traffic and revenues. Rightful brand owners, feeling the squeeze, will find out too late that the bandits have the money to fight legal action. The time to act is now, before pieces of the playing field have been bought up by the enemy. more
TechCrunch reports that its brand has been taken as a Twitter name, and that there is a landrush going on to get these names, which are already trading for money. The problem is so bad that a name brokerage, Tweexchange, has sprung up to get to facilitate sales. more
This case involves an alleged domain name theft. Solid Host is a web host and initial owner of the domain name solidhost.com, which it registered through eNom in 2004. Solid Host claims that in 2008, a security breach at eNom allowed an unknown interloper (Doe) to steal the domain name and move the registration to NameCheap. Doe also acquired NameCheap's "WhoisGuard" service, a domain name proxy service that masked Doe's contact information in the Whois database. Solid Host contacted Doe and sought the domain name; Doe asked for $12,000, and Solid Host took a pass... more
Trademark issues are emerging with the upcoming introduction of new generic top-level domains on the internet, and the board members of the body introducing the names has passed the ball back to intellectual property experts to find answers. The Intellectual Property Constituency of the Internet Corporation for Assigned Names and Numbers (ICANN) has been asked to work out a viable solution "no later than 24 May 2009." Trademark issues have been defined as one of four overarching issues still to be solved before ICANN can finalise the application procedure for the next hundreds or thousands of top-level domains from .eco to .music. 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
I have recently been a "victim" of the domain name tasting "scam". A domain name (.COM) which is related to me personally (and which was owned by someone else previously) expired and as I knew from Whois (which is another debate on its own) that the expiry date was coming up, I kept a watch on when it would become available so I could register it. To cut a long story short, it took me nearly 6 weeks to get the domain. Each time the domain dropped off the 5 day grace period (it is not really something that would generate ad revenue), it would be picked up by a different registrant... more
"GOD, at least in the West, is often represented as a man with a flowing beard and sandals. Users of the Internet might be forgiven for feeling that nature is imitating art — for if the Net does have a god he is probably Jon Postel" (The Economist, Feb. 1997) David W. Maher, Senior Vice President, Law and Policy of Public Interest Registry (PIR) offers his reminiscence of the early days of the Internet and attempts made to restructure the Domain Name System — an article he has entitled 'Reporting to God'. more
A recent decision by the Ninth Circuit confirms that "commercial use" by the defendant is required for a Lanham Act trademark or dilution claim, but is not required in a cybersquatting claim under the Anticybersquatting Consumer Protection Act (ACPA). Michael Kremer, a dissatisfied hair transplant patient, used the domain name www.BosleyMedical.com as a site critical to the Bosley Medical Institute, a hair transplant clinic. Bosley sued. The district court entered summary judgment for Kremer on the grounds that his conduct was not commercial... more
In its February 18, 2005 press release, WIPO has reported filing an average of 3.4 UDRP and UDRP-based cases per calendar day in 2004, bringing the total number of cases received in 2004 to 1,179 -- an increase of 79 cases (or 6.6%) as compared to 2003. Also mentioned in the report is a 37 percent increase in ccTLDs cases over the previous year. Listed below are a number of additional facts and figures reported... more
A web domain name is the foundational piece of internet property allowing its owner (registrant) to construct and host an associated website. On a domain, the owner is also able to construct whatever subdomains they wish -- a process that is technically achieved via the configuration of records on the authoritative domain name system (DNS) server. more
I was in a conversation with a close friend the other day, you know the kind where you have been friends for so long that you have endured each other experimenting with changed politics, evolving religion, and if you are unlucky, flirtations with multilevel marketing. We were discussing politics that day, which is not unusual given our ancient friendship and the recent change at the helm of the United States. more
A cybersecurity company recently attempted reverse domain name hijacking for an exact match domain name of its brand, and in so doing, failed in both its bid to take ownership of the domain and potentially damaged their reputation by using this somewhat nefarious tactic and abusing the Uniform Domain Name Dispute Resolution Policy (UDRP) process. more
The outbreak of COVID-19 has caused worldwide disruption -- for whole nations and their economies. Unfortunately, there will be some side effects for businesses. A number of brands will disappear from the streets and shelves, as businesses that fail to weather the storm will have to fold. Companies that do survive will likely focus more on their core markets, pulling brands out of higher risk, less profitable markets... more
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