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
As the shorter of the ICANN interregnums comes to a close and the ICANN faithful finalize their dinner reservation agendas for Brussels, it is time again for a preview of what will be 'on-tap' at next week's ICANN meeting. While, as always, there is a lot going on in ICANN Land, a scan of the blogosphere and ICANN list serves suggests that the four most discussed topics will be... more
The best and most knowledgeable experts of dot Brand met in the Brands and Domains conference, on October 2 and 3 in the Hague, Netherlands. Brand and project owners were also present, coming from all around the world -- from Australia or Japan to the USA and Canada. The keynote by Georges-Edouard Dias, CEO of Quantstreams and founder of the concept of brand hospitality, explained how customers are not anymore the targets of brands. more
Panels adjudicating cybersquatting claims, defenses, and rebuttals under the Uniform Domain Name Dispute Resolution Policy (UDRP) expect parties to prove their contentions, and this means having a working understanding of what this entails. There is, first, a set of fundamental rules or principles -- such as pending applications for a mark do not constitute a right, or recognizing unregistered marks as constituting rights... more
Who would think that so much could go wrong with something as seemingly innocent as a domain name? As cybercrime continues to evolve, causing devastating reputational and financial losses to businesses and organizations, web addresses are used as a weapon -- and it's not always easy to notice their many faces. In this article, let's take a look at the domain name crime landscape, discuss the current challenges investigators and legitimate registrants face, and talk about some useful techniques. more
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 11th ROW will be held online on Tuesday, June 21st, 2022 at 13h00 -- 16h00 UTC. The discussion topics will be... more
After 10 years as one of the top-level European Domaining Conferences, it is our pleasure to announce the transition of Domaining Europe into NamesCon Europe! This is an exciting new chapter for the NamesCon brand that expands into the European domaining market. The agreement between Domaining Europe and NamesCon was confirmed at the beginning of 2018. The rebranding of Domaining Europe to NamesCon Europe is in effect for the upcoming June 2018 event in Valencia. more
There are three kinds of UDRP disputes, those that are out-and-out cybersquatting, those that are truly contested, and those that are flat-out overreaching by trademark owners. In the first group are the plain vanilla disputes; sometimes identical with new tlds extensions (mckinsey.careers> and <legogames.online>); sometimes typosquatting (<joneslang lassale.com> and <wiikipedia.org>); and other times registering dominant terms of trademarks plus a qualifier (<pleinphilipp-shop.com> and <legostarwars2015.com>). more
The suggestion was recently put to the GNSO Council: anyone who becomes a member of a proposed new Expedited Policy Development Process (EPDP) must be able to demonstrate that they have basic knowledge of privacy and data protection. This makes a lot of sense: Would you trust a lawyer who had never been to law school? Or a doctor who had never studied medicine? Of course not. Recently I asked members of our ICANN Community: have you had any GDPR training, classes, or certification? more
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
While the U.S. Environmental Protection Agency (EPA) has been making news as the result of controversial changes brought about under the new Trump administration -- including the planned removal of "several agency websites containing detailed climate data and scientific information" -- the EPA also has generated some (lesser-known) domain name news: The agency won a decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) for the domain name noattacks.org. more
Regular readers of this site would be familiar with the ongoing legal battles involving the practice of typosquatting; the registration of misspelled domain names of well know brands with the intention of making a profit. Taking advantage of the fact that millions of online users mistype addresses of websites they intend to visit, typosquatters register common misspelled versions of popular sites and make money by displaying ads. Google's AdSense for Domains (AFD) program, often used for displaying such ads, has been particularly targeted by trademark owners which according to McAfee's SiteAdvisor, serves ads on more than 80% of typosquatting sites recently uncovered. more
The Internet Watch Foundation (IWF) leads the charge to combat child sexual abuse material (CSAM) online, and we at Public Interest Registry (PIR) are dedicated to supporting their efforts. We are honored to work with them across two important programs: Domain Alerts and TLD Hopping List. IWF services have been extremely successful in addressing CSAM on .ORG over the past five years more
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. The 7th ROW will be held in Vancouver, Canada on Thursday, May 17th 2018 in the afternoon, at the end of the GDD Industry Summit, in the same venue. more
The headlines this week say that over 200 million domain names now exist on the internet. Pretty impressive... But consider the explosive growth of Social Networks. The top twenty social networks alone have over 2 billion user names. With User Names on social networks rapidly becoming the Internet's new brand identifiers, I wonder: is it time that we apply the same trademark rules we have for domain names to user names as well? more
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