Domain Management

Blockchain Domains and What They Could Mean for Online Scams and Brand Protection

Blockchain domain names, domains that are stored on blockchain or cryptocurrency exchanges, are part of a growing, unregulated, and decentralized internet. Right now, blockchain domains are used mostly by cryptocurrency users, but they are growing in popularity - the Ethereum name service reported over 2.2 million .eth domain name registrations in 2022. At the same time, crypto scams are also exploding, reaching a total of $3.5 billion in losses in 2022. more

The Rise of a Secondary Market for Domain Names (Part 4/4): Facilitating the Secondary Market

The defining of rights in the UDRP process is precisely what WIPO and ICANN contemplated, but it is unlikely they foresaw the destination of the jurisprudence. Since its inception, UDRP Panels have adjudicated over 75,000 disputes, some involving multiple domain names. (These numbers, incidentally, are a tiny fraction of the number of registered domain names in legacy and new top-level domains, which exceeded 320 million in the first quarter 2017). more

2017 Domain Name Year in Review

Given that it's been a few years since my last domain name year in review, I've really enjoyed looking back at this year's biggest domain name stories and seeing how this industry has evolved. This year, in particular, has seen some notable changes which are likely to impact the domain name landscape for years to come. So without further ado, here is my list for 2017. more

Proxy-Privacy User Higher for Illicit Domains

WHOIS issues are looming large for the ICANN meeting next week, starting with an all-day WHOIS Policy Review on Sunday (background). WHOIS is a subject that has been the recent topic of a number of issues including a debacle over potentially disclosing the identities of compliance reporters to spammers and criminal domainers. more

Trademark Owners Beware: Cybersquatting Spreads to Twitter

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

New CIRA Whois Policy Strikes Balance Between Privacy and Access

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

Dell Loses Key Customer Support Domain Name for a Month, Site Exposed to Questionable Content

The website designated by Dell Inc. to help customers recover from malicious software and other computer maladies may have been hijacked for a few weeks this summer by people who specialize in deploying said malware, reports Brian Krebs in KrebsOnSecurity. more

Brand Impersonation Online is a Multidimensional Cybersecurity Threat

Brand impersonation happens much more often than people realize. In CSC's latest Domain Security Report, we found that 75% of domains for the Global 2000 that contained more than six characters from the brand names were not actually owned by the brands themselves. The intent of these fake domain registrations is to leverage the trust placed on the targeted brands to launch phishing attacks, other forms of digital brand abuse, or IP infringement... more

The Growing Threat of Cybersquatting in the Banking and Finance Sector

The apparent cyber heist of of $81 million from the Bangladesh central bank's U.S. account may cause some people to question the security of online banking. While the online theft prompted SWIFT - a cooperative owned by 3,000 financial institutions around the world -- to make sure banks are following recommended security practices, the incident also could have ramifications for banking customers worldwide. more

Trademark Owners’ Rights to Corresponding Earlier Registered Domain Names

As I pointed out in last week's essay, having trademark rights that come into existence later than registrations of corresponding domain names only gets complainants to first base; they have standing but no actionable claim. I also noted a nuance (not a difference in substance) in standing requirements between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA). However, standing depends upon the specific facts of the case... more

Strategic Use of Screenshots from the Wayback Machine

Internet Archive contains a vast library of screenshots of websites that its Wayback Machine captures sporadically over the course of domain names' histories. While it doesn't compile daily images it opens a sufficient window to past use which is unique, invaluable, and free. (There are also subscription services, but they come at a hefty cost!). How it's used (and why the Wayback Machine should be in a party's toolkit) for supporting and opposing claims of cybersquatting is illuminated in a number of recent UDRP cases. more

gTLDs Opponents Create the Very Confusion They Decry

It's ironic and amusing that while a few well-connected opponents of the new gTLD program were testifying before the U.S. Senate committee, I was asked to help educate top executives of one of the largest global ad agencies and their major clients on the brand marketing and advertising implications of the program. It was clear from the start that virtually all these high-powered executives knew about the program they had learned from the eleventh hour negative campaign. more

Fighting Phishing with Domain Name Disputes

I opened an email from GoDaddy over the weekend on my phone. Or so I initially thought. I had recently helped a client transfer a domain name to a GoDaddy account (to settle a domain name dispute), so the subject line of the email -- "Confirm this account" -- simply made me think that I needed to take another action to ensure everything was in working order. But quickly, my radar went off. more

Domain Management White Paper

Businesses may rely on domain names to conduct their day to day work, but that does not mean that they really understand what they are using or how important they are. Of course those of us in industry may feel tempted to either scoff at people's naivety or feel terribly frustrated with their ignorance, however neither action is particularly productive. Loic Damilaville, however, has tried to take a more practical and positive approach by publishing a white paper on domain name management. The document was published a few months ago in French and has since been made available in English. more

Defendants Respond to Dell’s Anti-Tasting Suit

The defendants in Dell's domain tasting suit responded last Friday. It looks like a pretty feeble response to me. Their main argument is that they're just the registrar, and deny Dell's claim that the registrants are fakes made up by the registrar. They also argue that they're not infringing, they didn't use the names in question in commerce, they were just acting as helpful search engines, you know, like Google or Yahoo. (The comparison to Google and Yahoo is theirs.) more