Domain Management

Short Strings of Alphabet Letters in Domain Names: Random to Some, Identifiers to Others

What is the intrinsic (as opposed to trademark) value of short string domain names? It depends, of course. Rights holders have been willing to challenge domain name registrants even if they have no actionable claim for cybersquatting... UDRP Panels have over the years, and in many cases, affirmed that short strings are "inherently valuable in themselves precisely because they are (a) short and (b) can reflect a wide range of different uses." This does not mean it is open season against rights holders for short strings, but it does mean the facts and proof of cybersquatting must be in proper alignment, and this calls for some sober thinking about the evidentiary demands of the Uniform Domain Name Dispute Resolution Policy (UDRP). more

13th Registration Operations Workshop: Join Us Online on June 4th, 2024

As a member of the ROW Planning Committee, I am writing this post on behalf of the Committee and welcome all community members to join us on June 4th. We are celebrating ROW's 10th anniversary! A decade of collaboration and inspiration! Thank you to the incredible community that has fueled this journey! more

Court Says gTLDs Aren’t ‘Domain Names’ for Cybersquatting Purposes, Declines LRO Review of .delmonte

A Swiss Del Monte entity that had a license to use the "DEL MONTE" mark applies to operate the .delmonte generic top level domain (gTLD). Another Del Monte entity, based in Delaware, filed a "legal rights objection" (LRO) - under WIPO-established procedures - to the Swiss Del Monte's application. A three member panel sustained the Delaware company's LRO... The Swiss entity sued in federal court seeking a declaration that it had sufficient rights in the "DEL MONTE" mark to operate the TLD... more

What Is the Uniform Rapid Suspension System (URS) and What Is It Good For?

The Internet Corporation for Assigned Names and Numbers (ICANN) launched the Uniform Rapid Suspension System (URS) (2013) in anticipation of the marketing of new gTLDs that became available from November 2013. It is one of four new rights protection mechanisms (RPMs) designed to combat cybersquatting. It is not intended for legacy gTLDs, and for new TLDs, it is planned only for that class of dispute colloquially referred to as a "slam dunk." more

Sitting Around the Domain Table

I went to Domain Roundtable with some reservations. I was excited about meeting other domain portfolio holders, but I wasn't sure what to expect from the ICANN and Verisign people there, the corporate intellectual property people, and the corporate attorneys. I was pleasantly surprised by everyone I met. more

U.S. Uses Domain Names As New Way to Regulate the Net

Governments have long sought ways to regulate Internet activity, whether for the purposes of taxation, content regulation, or the application of national laws. Effective regulatory measures have often proven elusive, however, since, unlike the Internet, national laws typically end at the border. Earlier this month, the United States began to move aggressively toward a new way of confronting the Internet's jurisdictional limitations - the domain name system. more

Accreditation & Access Model For Non-Public Whois Data

In the current debate over the balance between privacy and Internet safety and security, one of the unanswered questions is: "How will those responsible for protecting the public interest gain access to the non-public data in the WHOIS databases post General Data Protection Regulation (GDPR)?" In an attempt to prevent WHOIS data from going "dark," several community members have been working for the past weeks to create a model that could be used to accredit users and enable access to the non-public WHOIS data. more

New Zealand’s Domain Name Commission Wins Appeal in Lawsuit Against US DomainTools

New Zealand's Domain Name Commission (DNC) wins in court against the US company DomainTools for "illegally scrapping personal information" of .nz domain name owners. more

Neglected Domain Renewals Increasingly Scooped Up by Crooks for Credit Card Stealing Purposes

The registrant of domain names with decent traffic who fail to renew them are proving quite costly for owners and others. more

That Letter to ICANN from the NTIA

A cranky letter from the NTIA to ICANN, submitted in late December during ICANN's comment period for new top-level domains, has encouraged the awkward coalition of those opposed to new TLDs. The NTIA (National Telecommunications and Information Administration), a division of the Department of Commerce, is the agency tasked with being ICANN's watchdog. So a letter from them carries some weight, though not as much as some people think... more

The Wayward AntiCybersquatting Consumer Protection Act

The Anti-Cybersquatting Consumer Protection Act (ACPA) has lost its way. The ACPA was passed in an era of domain name land grabs, where nefarious individuals would register and warehouse oodles of valuable domain names, and then extract ransom from bewildered-trademark owners. These nefarious individuals are known as "cybersquatters", and, according to the ACPA, they are bad. The Ninth Circuit, in an early reading of the ACPA, stated... more

2011 UDRP Filings Up at WIPO, Down at NAF - And Still Infinitesimal

The World Intellectual Property Organization (WIPO) recently issued a detailed press release regarding Uniform Dispute Resolution Policy (UDRP) cases for which it provided arbitration services in 2011 and, once again, the number of WIPO filings was up. According to WIPO: "In 2011, trademark holders filed a record 2,764 cybersquatting cases covering 4,781 domain names with the WIPO Arbitration and Mediation Center (WIPO Center) under procedures based on the Uniform Domain Name Dispute Resolution Policy (UDRP), an increase of 2.5% and 9.4% over the previous highest levels in 2010 and 2009, respectively." Yet that's an incomplete picture. more

Securing Weak Links in Supply Chain Attacks

We've all heard the term, "you're only as strong as your weakest link." Whether talking about a tug of war on the playground, a sports team, or a business, this rings as true as ever. Every business relies on a series of suppliers and vendors -- be it the dairy farm supplying milk to the multinational food manufacturer or the payment systems that retailers use. These links form supply chains that every business, large and small, deals with. There is simply no way around it. more

Verisign Extends COVID-19 Wholesale Restore Fee Waiver

Verisign today announced that the waiver of the wholesale restore fee for .com and .net domain names is extended until August 1, 2020 at 03:59:59 UTC. more

Tracking the Line that Separates Cybersquatting from Trademark Infringement

The Uniform Domain Name Dispute Resolution Policy (UDRP) is a rights protection mechanism crafted by the World Intellectual Property Organization (WIPO) and adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) for trademark owners to challenge the lawfulness of domain name registrations. Cybersquatting or abusive registration is a lesser included tort of trademark infringement, and although the UDRP forum is not a trademark court, as such, in some ways it is since it empowers (assuming the right alignment of facts) to divest registrants of domain names that infringe a complainant's trademark rights. more