Domain Management

What’s Abusive in Registering Domain Names, and the Reverse?

The two major providers of arbitration services for adjudicating cybersquatting complaints under the Uniform Domain Name Dispute Resolution Policy (UDRP), the World Intellectual Property Organization (WIPO) and Forum, issue daily lists of decisions. In approximately 90% of those disputes, the registrations cannot be described as anything less than mischievous in acquiring second level domains incorporating well-known or famous marks. more

12th Registration Operations Workshop: Join Us Online on June 20th, 2023

The Registration Operations Workshop (ROW) was conceived as an informal industry conference that would provide a forum for discussion of the technical aspects of registration operations in the domain name system and IP addressing. The ROW series is being co-sponsored by Verisign and ICANN and organized by Cofomo, and we are looking forward to an engaging set of talks, panel discussions, and conversations with individuals involved with the operation of domain name registrations systems. more

No Time Bar for Cybersquatting Claims Under UDRP

Headline in TheDomains.com, June 18, 2016: "Wow: 20 Year Old Domain Name WorldTradeCenter.com Lost in UDRP." For those who don't follow UDRP decisions carefully this may elicit, how can this be? Well, surprised or not, and assuming complainant has priority in the string of characters that is both a domain name and a trademark... delay is not a factor in prevailing on cybersquatting claims when there is an alignment of other factors... more

Upcoming Domain Pulse 2008 Within Central Europe

Domain Pulse, the yearly get-together of the German-speaking registries of nic.at (Austria), Denic (Germany) and SWITCH (Switzerland) is happening on February 21 and 22 in Vienna. The conference alternates between the countries -- last year it was Switzerland, this year Austria and next year Germany... Domain Pulse covers everything in the domain name arena from management of the DNS, what's happening in each of the ccTLDs, after market and domaining, security threats to the DNS and internet as well as wider issues affecting the internet's development such as internet governance. more

Innovation, Launches and Email: New gTLDs Deliver in Q3 2020

As the third quarter of 2020 winds down, the domain industry continues to show development and progression amid uncertain global economic conditions. From improvements in products and additional TLD launches to growth in .brand email usage and upcoming virtual meetings, the Q3 2020: New gTLD Quarterly Report from our MarkMonitor team has a little something for everyone. more

Sanctionable Conduct for Abusing the UDRP Process

To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in using the mark in commerce; and secondly, have a mark strong enough to rebut any counter argument of registrant's right or legitimate interest in the string. A steady (albeit small) number of owners continue to believe it's outrageous for registrants to hold domain names earlier registered than their trademarks and be permitted to extort amounts far "in excess of [their] documented out-of-pocket costs directly related to the domain name." more

Long-held Domain Names Transferred to Complainants

There has lately been a number of long-held investor registered domain names transferred to complainants under the Uniform Domain Name Dispute Resolution Policy (UDRP). Two of the domain names were registered 23 years ago. This has provoked several commentators to complain that the UDRP is tilted in favor of mark owners and trademark-friendly panelists expressing hostility to the domain industry. I think we have to dig deeper than this. more

The Popularity of .co (not .com) Domain Name Disputes

One of the most popular top-level domains under the Uniform Domain Name Dispute Resolution Policy (UDRP) is not even a gTLD (generic top-level domain). It's a ccTLD: .co, the country-code top-level domain for Colombia, in South America. Based on statistics at WIPO as of this writing, 29 .co domain names have been the subject of UDRP disputes this year, making it the most-disputed ccTLD under the popular domain name dispute policy. more

Smells like Cybersquatting? How the UDRP “Smell Test” Can Go Awry

The UDRP has the form of a substantive Policy, but it operates as a "smell test".1 If the evidence smells bad, the panel will likely order a transfer. If it doesn't, the panel won't. An aim of this article is to help improve UDRP panels' sense of smell when it comes to differentiating between domain name investors and cybersquatters. I will provide some insight into the business of domain name investing that I hope will be helpful to UDRP panelists in making more accurate inferences in disputes involving investors. more

Running the Gamut: Commentary, Criticism, Tarnishment, Disparagement, and Defamation

The two bookends of speaking one's mind are commentary and criticism, which is indisputably acceptable as protected speech, and (in order of abuse) tarnishment and disparagement. Defamation, which is a stage beyond disparagement, is not actionable under the UDRP, although tarnishment and disparagement may be. In ICANN's lexicon, tarnishment is limited in meaning to "acts done with intent to commercially gain" (Second Staff Report, October 24, 2009, footnote 2). more

‘Combosquatting’: New Attention for an Old Problem

A study (18-page PDF) from researchers at Georgia Tech and Stony Brook University has attracted attention to what it calls "combosquatting," but the practice has been around since the early days of domain name disputes. The study says combosquatting "refers to the combination of a recognizable brand name with other keywords (e.g., paypal-members.com and facebookfriends.com)." It adds that this practice differs from other types of cybersquatting "in two fundamental ways. more

2023 Review of the Online Brand Protection Market

Having been involved in this sector for over fifteen years now, the rate of change in the market dynamics continues to surprise me - from its early years when MarkMonitor and NetNames clearly led the space for several years, then seeing well-funded startups such as Yellow Brand Protection and Incopro challenge that, followed by a period of heavy M&A, it is now extremely diverse. more

Unfamiliarity and Unpreparedness in Proceedings Under the UDRP

There is a difference, of course, between asserting a claim that cannot possibly succeed in an administrative proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP) and being unprepared to prove a claim that may have merit with the right evidence. Still, there is also an overlapping similarity in that complainants are either shockingly unfamiliar with UDRP procedures and jurisprudence... more

Cast Your .vote for the Most Interesting New gTLD Development in Q4

2020 has been extremely eventful, so it follows that the domain industry has continued to experience perpetual change, progress and uncertainty in the last three months of the year. In our Q4 New gTLD Quarterly Report, MarkMonitor experts analyze topical registration activity, launch information, .brand growth and DNS abuse, and share a list of upcoming industry meetings for 2021. more

Timing Is All: Cybersquatting or Mark Owner Overreaching?

Admittedly, timing is not altogether "all" since there's a palette of factors that go into deciding unlawful registrations of domain names, and a decision as to whether a registrant is cybersquatting or a mark owner overreaching, is likely to include a number of them, but timing is nevertheless fundamental in determining the outcome. Was the mark in existence before the domain name was registered? Is complainant relying on an unregistered mark? What was complainant's reputation when the domain name was registered? What proof does complainant have that registrant had knowledge of its mark? Simply to have a mark is not conclusive of a right to the domain name. more