Domain Management

UDRP Good for Trademark Protection, Not So Good for Political Process

Social Science Research Network has published a paper examining "the large gaps and inconsistencies in current domain name law and policy" as compared with domain name use in the political context. The paper suggests that the current domain name policy is focused on protecting trademark uses of domain names against bad faith commercial 'cybersquatters' but does not deal with protecting use of domain names as part of the political process. more

WHOIS Users Facing Serious Challenges Caused by Post-GDPR Fragmentation

On May 25, 2018, the European General Data Protection Regulation (GDPR) came into effect, meaning that European data protection authorities (DPAs) can begin enforcing the regulation against non-compliant parties. In preparation, the ICANN Board passed a Temporary Specification for gTLD Registration Data - essentially a temporary policy amendment to its registrar and registry contracts to facilitate GDPR compliance while also preserving certain aspects of the WHOIS system of domain name registration data. more

A Responsible Domain Industry Needs a Responsible Registrant Appeals Process

As the steward of .ORG, Public Interest Registry is committed to serving as an "exemplary registry" for the DNS. As part of that mission, PIR published our Anti-Abuse Principles last year that serve as our north star to address questions of abuse. As PIR has stated on many occasions, generally speaking, the DNS is not the appropriate place to address questions of website content abuse because of the blunt tool we as a registry have and the collateral damage that can be caused by suspending a domain name for a piece of content. more

Trademark Owners Beware – There’s a New Brand Identifier to Worry About

You might not understand how crypto-currencies or blockchain wallets work, but Facebook's announcement this week is a clear signal that these new technologies will soon become ubiquitous. Facebook's introduction of its own crypto-currency to its 2 billion users means mass adoption of crypto-currencies and digital wallets are on the horizon. This has implications that trademark owners need to be aware of. more

Four-Pronged Approach to Keep Your Domain Names and DNS Secure from Cyberattacks

Domain names, domain name systems (DNS), and digital certificates are fundamental components of the most important applications that enable your company to conduct business - including your website, email, voice-over IP, and more. However, these vital applications are being attacked with an increasingly high level of sophistication and severity. more

EFF Warns ICANN Not to Engage in Censorship, Says It Should Stick to Technical Role

A series of articles published by EFF, coinciding with ICANN's 60th meeting in Abu Dhabi this week, Jeremy Malcolm warns that domain name registrars, registries and ICANN can become "free speech week leaks" for online censorship. more

Your Cybersecurity is Only as Strong as Your Weakest Vendor

Managing the risk of third parties has become a compliance focus for many large organizations. Companies even work with third-party service providers and external vendors just to manage this risk. The recent SolarWinds attack escalates the critical need for chief compliance officers to collaborate with their business counterparts to identify and mitigate potentially unknown threats that lie within third-party supply chains. Yet how can companies manage this risk when it's not if but when you're attacked? more

iREIT Drops TM-Typo Domains?

As faithful CircleID readers will know, iREIT (Internet REIT, Inc.), a Texas domain name portfolio investment corporation, has been sued by Verizon and by Vulcan Golf for cybersquatting. It appears iREIT is taking steps to clean up its portfolio by deleting obvious typos of famous trademarks... more

ICANN Pressured to Reserve Names: “We don’t accept any more reservations!”

It is not a secret that I have been (and I continue to be) against the requests made to ICANN by the International Olympic Committee (IOC) and the Red Cross for special protection of their names and their variations. I am mainly against it because of the problems associated with these types of protection, the potential implications they may have and the fact that any attempt to reserve any names in the Domain Name Space will set a very bad precedent that will be detrimental to the whole new gTLDs experience. Well, the effect of this precedent is right upon us... more

Wow. That’s a Lot of Reserved Names

ICANN recently updated the list of reserved second level domain names. Those are names that you won't be able to register in any of the 1500 or so new domains they're planning to add. There's rather a lot of them, currently 629. The names are in three groups, the ICRC (the Red Cross), the IOC (the Olympic games) and everyone else. Several years ago the Red Cross and later the Olympics came to ICANN and insisted that they make a special list of forbidden names, separate from the various trademark registries. more

KnujOn Releases Internet “Doomsday Book”

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

Even Lawyers Have Domain Name Problems

No industry is immune from cybersquatting - not even the legal industry. In three recent (and unrelated) UDRP decisions, law firms won decisions ordering the transfer of domain names that contain their trademarks. One of the cases involved Alston & Bird, the large law firm where I began my legal career and first learned about domain name disputes 20 years ago. As the UDRP decision describes it, Alston & Bird is a well-known law firm founded in 1893 with offices throughout the world. more

Google & eBay, Keywords & Domains, & ICANN

Sell a trademark as a keyword for directed search or online auctions and make $billions. But use a trademark in a domain name for direct search and lose the domain, or worse. The gap between how trademark law treats the two species of search has grown wider in the wake of several landmark 2010 trademark law decisions -- and provides another sound reason why ICANN should not establish any new rights protections for new generic Top-Level Domains (gTLDs) beyond those STI-RT compromise positions already included in the fourth version of its Draft Applicant Guidebook (DAGv4). more

ICANN Senate Hearing: The Battle Between Intellectual Property and Multistakeholderism

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

Unlawful Targeting of Trademarks and Consumers in Registering Domain Names

Unlike trademark applications which go through a lengthy examination process before advancing to registration, anyone (anywhere in the world) can register a domain name identical or confusingly similar to a trademark - instantly and no questions asked, at least, in the traditional space (the legacy gTLDs)! With the new gTLDs registrants will receive notice of possible infringement if the brands are registered with the Trademark Mark Clearing House, but notices do not function as injunctions to block registrants from registering infringing names. more