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The following is an analysis based on the hypothesis that trademark holders are not, in general, registering their trademarks as domain names across the existing top-level domain namespace. To determine if the hypothesis is true, we examine domain names registered in the popular generic top-level domains ("gTLDs" such as .com, .net and .info), also using other publicly available information such as the USPTO database of trademarks, the English dictionary, DNS entries, UDRP records and whois records. more
A recent survey conducted by the Neustar International Security Council confirmed the heightened interests on domain name system (DNS) security. The survey reveals that over three-quarters of cybersecurity professionals anticipate increases in DNS attacks, especially with more people shopping online amid the pandemic. Yet, close to 30% have reservations about their ability to respond to these attacks. more
When a brand goes so far as to ask a domain name registrar for Whois (the registration contact details) of a potentially abusive domain name, there's likely a lot at stake. Most often, the request is prompted by consumer safety concerns, such as the risk to consumers posed by a malicious site. Other times, the demand has a simple goal: to have a dialog with the registrant about the use of trademarks or other intellectual property in order to avoid extreme action. more
Looking back at the year that just ended, here are the top ten most popular news, blogs, and industry news on CircleID in 2009 based on the overall readership of the posts. Congratulations to all the participants whose posts reached top readership in 2009 and best wishes to the entire community in 2010. more
Despite the significant traffic that comes from typed-in domain names, the public harumphing and clucking about type-in traffic is climbing in volume as it becomes clear how much money is involved. Articles this week show that domain names, and the people who make money on them, are making some commentators uncomfortable. more
In spite of the material we were presented with in Durban something has gone very wrong inside of ICANN Compliance. KnujOn has published a report which demonstrates that ICANN Compliance appears to completely collapse between September 2012 and December 2012. Following December 2012, ICANN seems to stop responding to or processing any complaints. It is around this time certain compliance employees start disappearing. This was not limited to the Sydney office as some would have us believe... more
Thinking about the www.kerryedwards.com auction reminds one of the uneasy relationship between personal names, politics and cybersquatting. When reporters learned that the domain name was taken by Kerry Edwards, the Indiana bail bondsman, at least some headlines were quick to brand Mr. Edwards' conduct as cybersquatting. The Chicago Sun-Times, for example, ran the headline "Kerry Edwards is the Name, Cybersquatting is the Game." Mr. Edwards, of course, had registered his own name as a domain name long before Kerry picked Edwards as a running mate. more
The purpose of the Uniform Dispute Resolution Policy, known as the UDRP (hereafter the Policy), is to determine disputes relating to the registration or acquisition of domain names in bad faith. Under the Policy, the complainant must establish that (i) the disputed domain name is identical with or confusingly similar to a trademark or service mark in which the complainant has rights; (ii) the domain name registrant has no right or legitimate interest in respect of the domain name; and (iii) the domain name was registered and is being used in bad faith.
Whilst requirements (i) and (ii), at first glance, do not appear difficult to meet, it is not the same with requirement (iii). In fact, a serious problem arises for the complainant when a registrant has registered domain names in bulk, but has not used them i.e. they have not been resolved to any active website. more
As executive director of CALinnovates, an organization that advocates for innovation and startups, as well as a new business owner myself, I know how important a .COM domain name can be to a new company's online presence and marketing strategy. That's why I read with interest a new Boston Consulting Group report on how the .COM market is changing. I have a much better understanding of why new businesses find it hard to get relevant .COM domain names. more
A colleague was recently commenting on an article by Michele Neylon "European Data Protection Authorities Send Clear Message to ICANN" citing the EU Data Commissioners of the Article 29 Working Party, the grouping a determinate factor In the impending death of WHOIS. He is on point when he said: What the European Data Protection authorities have not yet put together is that the protection of people's mental integrity on the Internet is not solely due to the action of law enforcement... more
This morning I was forwarded a link to the Business2.0 article on domainer Kevin Ham about a half-dozen times and one sent the reddit comment thread on it (titled "This guy is a piece of s**t") and I had to chuckle and replied "I see Techno-Pinkos are out in full force". Some of the comments are just classicly clueless: "He's just a parasite. Someone gaming the system for their own financial ends without providing a useful service to anyone, and making it worse for many." ...Newsflash: Speculation is any time you choose one path, good or service over another in the hopes that you will do better... more
Recently, I entered my domain name in a "WHOIS" database query to test the results of the database by using WHOIS on a number of domain name registrar websites. WHOIS is a database service that allows Internet users to look up a number of matters associated with domain names, including the full name of the owner of a domain name, the name of the domain name hosting service, the Internet Protocol or I.P. number(s) corresponding to the domain name, as well as personally identifying information on those who have registered domain names. I was astonished to find... more
Has your organization ever missed renewing a domain name? You really don't want to be in the news for that. Just look up "company forgot to renew domain name" and read about the historical consequences of missing vital domain name renewals. They range from failed services or infrastructure, lost revenue, lost business partners, wrecked reputation, hefty regulatory fines, to even the collapse of a business. more
For more than a decade, aggressive website registrants have been engaged in 'typosquatting' -- the intentional registration of misspellings of popular website addresses. Uses for the diverted traffic have evolved over time, ranging from hosting sexually-explicit content to phishing. Several countermeasures have been implemented, including developing policies for resolving disputes. Despite these efforts, typosquatting remains rife. But just how prevalent is typosquatting today, and why is it so pervasive? (Co-authored by Tyler Moore and Benjamin Edelman) more
In a report released today, the World Intellectual Property Organization (WIPO) has announced a 20% increase in the number of cybersquatting (abusive registration of trademarks as domain names) cases filed in 2005 as compared to 2004. The report further indicates that "in 2005, a total of 1,456 cybersquatting cases were filed with WIPO's Arbitration and Mediation Center. This increase represents the highest number of cybersquatting cases handled by the WIPO Center since 2001." more
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