Domain Management

Does ICANN’s UDRP Preserve Free Speech and Allow Room for Criticism?

The phenomenal growth of the Internet has resulted in a proliferation of domain names. The explosion of '.com' registrations coincided with an increase in domain name disputes, and with it the legal branch of intellectual property devolved into virtual mayhem. ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP) was created... The UDRP was brought into force in October 1999, and it can be said that it has contributed handily to the resolution of domain name disputes. However, deeper investigation into the UDRP paints a different picture. 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

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

Uniform Rapid Suspension Not Appropriate for .com Domain Names

The Internet Commerce Association has been actively involved for the last four years on the ICANN Working Group reviewing the Uniform Rapid Suspension (URS) policy and the Uniform Domain Name Dispute Resolution Policy (UDRP). The Working Group is currently wrapping up its review of the URS. The UDRP will be reviewed in an upcoming second phase. more

Words and Descriptive Phrases as Trademarks Registered as Domain Names

In a trademark context, who owns or controls, or would prevent others, from using words and phrases commonly available to speakers in a language community, is in persistent tension. While common words alone or combined may become protected from infringing uses under trademark law, their protection is contingent on factors such as linguistic choices and strength or weakness of marks in the marketplace. 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

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

ICANN and the Red Cross: An Exceptional Exception

ICANN's policy on the special protection of the Red Cross and the International Olympic Committee (IOC) names has triggered a very lively discussion including contributions by Konstantinos Komatis, Milton Muller, Wolfgang Kleinwächter, and myself (with Avri Doria's reply). There is an agreement that the exceptions are dangerous for ICANN's gTLD policy process which is in a formative and delicate phase. more

Domain Registrars & Registries: Don’t Say You Weren’t Warned

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

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

Multistakeholderism Is Working: A Short Series of Articles

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

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

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

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

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