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 (DNC) wins in court against the US company DomainTools for "illegally scrapping personal information" of .nz domain name owners. more
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
Looking back at 2010, here is the list of top ten most popular news, blogs, and industry news on CircleID in 2010 based on the overall readership of the posts (total views as of Jan 1, 2011). Congratulations to all the participants whose posts reached top readership and best wishes to the entire community for 2011. Happy New Year! more
Cybercriminals are leveraging the growing popularity of artificial intelligence to perpetrate attacks, capitalizing on the surge in interest following the release of chatbot technologies like ChatGPT. New research by Netcraft reports on the increasing use of .ai domain names where criminals use malicious websites around AI to draw in victims. more
The registrant of domain names with decent traffic who fail to renew them are proving quite costly for owners and others. more
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
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
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 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
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
What to one panelist is clearly bad faith conduct in filing a UDRP complaint, to another is excusable for lack of proof. The disagreement over reverse domain name hijacking centers on the kind of evidence necessary to justify it and the nature of the burden. RDNH is defined as "using the UDRP in bad faith to attempt to deprive a registered domain-name holder of a domain name." Rule 1, Definitions. more
Here is a list of the most viewed news and blog postings that were featured on CircleID in 2008... Best wishes for 2009 and Happy New Year from all of us here at CircleID. more
Trademark owners (and here I'm talking about those with U.S. registrations even if they are foreign entities) have a choice of forum for challenging alleged cybersquatting domain names. They can either sue in district court under the ACPA, or get a quicker and less expensive result by filing a complaint and asserting a claim under the UDRP. But to get to a quicker and less expensive result everything about the process is accelerated, and this begins with drafting the complaint. more
A recent kerfuffle around Italian chocolate and confectionery producer Ferrero SpA and fan Sara Rosso is the latest example of how important it is for companies to consider carefully the domain and user names they decided to reclaim. Sometimes, enforcing trademark rights online can go really wrong, really quickly. In 2007, Ms. Rosso chose February 5 to be "World Nutella Day" - a time when "Nutella Lovers Unite for One Day!" She built a web presence around Nutella Day that included a nutelladay.com website. more
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