Domain Management

The Question of Fairness in UDRP Decision-Making

In disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), parties should be able to rely on Panels delivering predictable, consistent, and legally reasoned decisions. In large measure, this depends on Panels analyzing the facts objectively through a neutral lens and applying principles of law consistent with the jurisprudence. However, the results are not always seen by the losing party as having achieved a fair result. more

2020 Domain Name Year in Review

2020 - a year like no other. The impact of COVID on the domain name industry was felt far and wide as ICANN meetings were held virtually, travel was cancelled, TLD launches were delayed, the topic of domain name abuse was front and center, and we all tried to navigate a "new" normal. Unlike many sectors, the domain name industry was fortunate and, in many ways, survived 2020 unscathed. Much of our industry was able to continue working from home after an initial period of adjustment. more

ICANN CEO: Top-Level Domain Expansion Has Been Anything But Rushed

In response to the Washington Post's December 11 article title "What's the .rush?", directed at the expansion of new TLDs, Rod Beckstrom, ICANN's President and CEO has replied in a letter to the Washington Post stating: ""The program of the Internet Corporation for Assigned Names and Numbers (ICANN) to open the Internet to new top-level domain names (TLDs) has been anything but rushed..." more

The Cold-War Fight Against Domaining Continues

"First they ignore you, then they laugh at you, then they fight you, then you win!" quote by Gandhi pretty much summarizes the evolution of the domain name monetization and development business. I have watched this business come of age for more than half a decade... In the beginning nobody cared... then when people started talking about how great it was, 'smart people' and the "legitimate web" laughed. Then the trucks with money showed up... A significant double-digit percentage of global Internet traffic is now owned by domain holders with generic names. So the fight is on.  more

COVID Domain Registrations Surged in March

The Internet and the domain name system (DNS) have become the mainstay of the new COVID sheltered world. Afilias looked at registrations in the unrestricted domain name space, with a special focus on the popular .INFO, .PRO, .MOBI and .IO domain name extensions. The data shows that the number of website and domain registrations related to COVID and Coronavirus in these extensions is flattening after a surge in March. more

Examining Stuart Lynn’s Domain Name Plans - Part I

Last month ICANN began soliciting comments on Stuart Lynn's A Plan for Action Regarding New gTLDs, which will be one of the Internet governance organization's primary discussion topics at its December meeting in Amsterdam. more

ICANN Issues Guidance to Domain Registrars and Registries in Light of Hurricane Maria

ICANN has issued a guidance notice to registrars and registries in relation to Hurricane Maria, which caused massive damage throughout the Caribbean. This isn't the first time that this has happened, with a previous incident in Asia triggering action from both registrars and registries to give domain name registrants impacted by the natural disaster breathing space. more

Prudential Settlements for Alleged Cybersquatting/Reverse Domain Name Hijacking Under the ACPA

Given the number of awards endlessly arriving from Panels appointed to decide cybersquatting disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) (ten to fifteen published daily), the sum total of grievants filing de novo challenges under the Anticybersquatting Consumer Protect Act (ACPA) is remarkably small -- one or two at most in any single year; and those rarely proceeding to summary judgment or trial. more

Brands Should Not Ignore the Security Benefits of New gTLDs

If one thing has become clear from recent commentary on ICANN's new top-level domain program, it's that there's a dramatic lack of understanding about some of the benefits of owning your own TLD - especially as it relates to security. Many brand owners - especially those with luxury brands - could realize immediate benefits from reduced counterfeiting and greater brand trust with a "dot Brand." more

Trademark Overreaching and Faux Cybersquatting Claims

Trademarks can be strong in two ways: either inherently distinctive (arbitrary or fanciful marks), or composed of common elements that have acquired distinctiveness (descriptive or suggestive marks). Trademarks can also be weak in two ways: either composed of common elements, or lacking significant marketplace presence other than in their home territories. Panelists have seen them all, even by respondents alleging trademark rights registered later in time to complainant's. more

Russian Interference More Vigorous than Assumed, Over 39 States Targeted During Election

"Voter databases and software systems in an overwhelming number of states -- 39 to be exact -- were targeted by Russian cyberattacks over the summer and fall of 2016," Allegra Kirkland reporting today in TPM more

Losing and Reclaiming Domain Names

For registrants who are not trademark owners losing their domain names can be an irretrievable loss; and for trademark owners, perhaps not irretrievable but fraught with uncertainties of recovery. ICANN attempted to solve the problem of inadvertent lapses of registration in the Expired Registration Recovery Policy (ERRP) and its companion the Expired Domain Name Deletion Policy (EDNDP), implemented in 2013. more

Passive Holding of Domain Names and the Argument for Bad Faith or Forfeiture

There is a misconception among some trademark owners and their counsel that passive holding of domain names alone or combined with lack of rights or legitimate interests supports abusive registration. Thus, Respondent's inactive use of the disputed domain name demonstrates bad faith. Respondent also had actual knowledge of Complainant's YOU ASKED FOR IT mark as Complainant has attempted to buy the domain from Respondent... more

After 21 Years, Actor David Duchovny Wins His Domain Name

While plenty of UDRP decisions have made clear that a trademark owner's delay in bringing an action against a cybersquatter (often referred to as "laches") is typically not a defense, actor David Duchovny's decision to file a UDRP complaint nearly 21 years after the domain name davidduchovny.com was registered may set a record for the longest wait in a domain name dispute. more

Parsing Domain Names Composed of Random Letters for Proof of Cybersquatting

The Respondent's cry of pain in AXA SA v. Whois Privacy Protection Service, Inc. / Ugurcan Bulut, axathemes, D2016-1483 (WIPO December 12, 2016) "[w]hat do you want from me people? I already removed all the files from that domain and it's empty. What else do you want me to do???" raises some interesting questions. "A," "x," and "a" is an unusual string of letters but unlike other iconic strings such as "u," "b" and "s" and "i", "b" and "m" for example that started their lives as the first letters of three-word brands AXA is not an acronym. more