Domain Management

CADNA Returns to Lobby for Stronger Cybersquatting Laws

Coalition Against Domain Name Abuse, the lobby group that campaigned for stronger cybersquatting laws and against new gTLDs, is back. more

Artful Misrepresentations of UDRP Jurisprudence

The jurisprudence applied in adjudicating disputes between mark owners and domain name holders under the Uniform Domain Dispute Resolution Policy (UDRP) is essentially a system that has developed from the ground up; it is Panel-made law based on construing a simple set of propositions unchanged since the Internet Corporation for Assigned Names and Numbers (ICANN) implemented them in 1999. Its strength lies in its being a consensus-based rather than dictated jurisprudence. more

Why Domain Name Security Matters Most?

In my recent CircleID post, DNS, Domain Names, and Certificates: The Missing Links in Most Cybersecurity Risk Postures, I highlighted the importance of applying multiple layers of defense to secure these business-critical assets. Last Friday, Brian Krebs, the world-renowned cybersecurity journalist, reiterated the criticality of domain name security because the domain name "e-hawk.net" was stolen from the rightful owner using social engineering tactics targeting its domain name registrar. more

Drawing Inferences from the Record: UDRP/URS Decision-Making

The weighing of evidence involves the connecting of dots, which involves drawing inferences. However, just as there can be false positives, there can be false inferences. The tendency may be to think of inferences as coming in one size, but not all inferences are logically correct. Some are weak and others strong. The reason for talking about both kinds is that so much depends on the quality of their making. more

Losing a UDRP Case: Questionable Decision or Questionable Submission?

Complainants naturally want to prevail on their claims of alleged infringing conduct and respondents (when they appear) naturally do their best to resist having their domain names taken from them in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP), but their success depends on their submitting the right constituents of fact and proof. In a forum that has adjudicated over 60,000 cases, it would be surprising if there were no questionable or badly reasoned decisions. more

How to Protect Your Brand in Web3

In 2014, computer scientist Gavin Wood coined the term "Web 3.0." The phrase, which has now been shortened to "Web3", refers to the third generation of the internet that's designed to be truly decentralised and free from a central authority. Web3 has the potential to add real-world value for businesses by creating additional avenues to reach consumers. However, owing to its less regulated nature, brands also have the potential to be taken advantage of both by users and by the providers in the space. more

Google Engineer Ben McIlwain on Why HSTS Could Be a Perfect Fit for .Brands Security

The Google-run .app TLD was always destined to draw attention and scrutiny, from the moment it fetched a then-record ICANN auction price of $25 million. Since it reached General Availability in May it has gained more than 250,000 registrations making it one of the world's most successful TLDs. However perhaps more interesting was Google's choice to add the .app TLD and its widely used .google extension to the HTTP Strict Transport Security (HSTS) Top-Level Domain preload list, offering an unprecedented level of security for all domains under .google and .app. more

Gillette.ro WIPO Decision Provides Interesting Comments

One of the WIPO decisions published today relates to gillette.ro. The registrant (respondent) didn't make any submissions in their defence, so the decision could have been quite banal. However some of the panelist's comments under the "Registered and Used in Bad Faith" section are quite interesting... more

Is the URS Dying?

The much-maligned Uniform Rapid Suspension System (URS) is not only failing to catch on -- it's actually starting to fade. Once envisioned as a popular rights-protection mechanism for trademark owners under the new generic top-level domain names (gTLDs), the URS instead is seldom used. In fact, despite the growth in new gTLD registrations, the URS is in decline. more

Want a New gTLD? Some Items to Consider

Over three years ago ICANN boldly announced that the top level of the domain name system would be opened up to new registry operators. As we now approach a likely spring 2011 launch, a number of key issues remain unresolved including how trademarks will be protected. more

Your Domain Name Does Matter in Search Results – Microsoft Says So!

I stumbled upon a study conducted by Microsoft eons ago back in the paleolithic era of search; 2012... It is about how "premium domains" are perceived by the consumer when seeing them in the search results compared to a lower value "non-premium" domain. I like to use quotations sparingly, but I felt it was necessary because the varying opinions on premium v non-premium domains is a bridge I do not want to cross in this post.  more

A Sophisticated Online Counterfeit Ring

Online fakes can be a lucrative business and difficult to crack down on, due to the ease and low-cost of setting up multiple virtual storefronts and the ability to obfuscate an operation's identity. A federal lawsuit filed on March 1, 2010 by Polo Ralph Lauren and VF Corp. illustrates these points and highlights many of the intricacies of an online counterfeit ring. more

Limitations, Delays, and Laches as Defenses in Cybersquatting Claims

In passing the baton for combating cybersquatting to the Internet Corporation for Assigned Names and Numbers (ICANN) the World Intellectual Property Organization (WIPO) recommended that "claims under the administrative procedure [should not] be subject to a time limitation" (Final Report, Paragraph 199). ICANN agreed and the UDRP contains no limitation period for making a claim. The absence of a limitation period does not necessarily forego applying equitable defenses for delay, but the consensus of Panels appointed to decide disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) is that they are not applicable in countering cybersquatting claims. more

Online Critics and Unlawful Harassment from Trademark Holders

The following is based on my experience and interpretation of the UDRP and the relevant laws of the United Kingdom and European Union. This is not legal advice but just my own experience and interpretation. How does a UK citizen create a non-commercial trademark.tld parody criticism website and avoid harassment from the trademark holder? Here are the steps... more

US Election-Related Web Properties Prone to Fraud and Misinformation Due to Lack of Domain Security

The risks of fraud and disinformation in the U.S. election process have been hiding in plain sight. CSC's new research finds that a large majority of web domains closely linked to the campaign websites for Joe Biden and Donald Trump lack basic domain security protocols and are prone to domain spoofing tactics. This makes them a potential target for hackers looking to spread disinformation ahead of the election, and criminals who want to take advantage of voter intentions... more