Domain Management

Principles, Factors, and Elements that Promote or Undermine the Outcome of UDRP Cases

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

Thumb on the Scales

Does the ICANN Board putting its thumb on the scale, change the status quo assumption of a Policy Development Process (PDP)? The primary assumption of most PDPs is that, in the absence of consensus for change, the status quo remains. Otherwise, Policy would be made by fiat by the PDP's Chair or Co-Chairs and there would be a mad rush to occupy those unpaid, thankless positions. more

Experience ‘a Walk in the Shoes of a Registry Operator’ at ICANN 61

One of the ever-present questions in the domain name community is "have new TLDs been a success in the marketplace?" As many within the industry will appreciate, it's a difficult question to answer using traditional metrics (such as domain registration volumes), and it is important to remember that the new TLD expansion in 2012 was all about diversity, competition and choice. more

Brands and Domains Conference Recap

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

Building a Case for Cybersquatting Under the UDRP

A number of recent UDRP decisions remind trademark owners (and counsel) that cybersquatting cases have to be built from the ground up. Each stage has its evidentiary demands. The first two demand either/or proof; the third, the most demanding, requires proof of unified or conjunctive bad faith registration and bad faith use of the accused domain name. Priority, which intuitively would be thought a factor under the first stage (as it is under the ACPA) is actually a factor under the third stage. more

Domaining Europe Becomes NamesCon Europe

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

Have You Had Your GDPR Training Today?

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

A Lesson from the Environmental Protection Agency (EPA) in Domain Name Disputes

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

Continued Controversy Over Google Ads on Typosquatted Domains

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

Exploring the Domain of Subdomain Discovery

Domain name monitoring - that is, the detection of domains with names containing a brand-term (or other string) of interest - is a very well-established element of brand protection services. Branded domain names are of key importance to brand owners (as the basis for business-critical infrastructure (i.e. 'core' domain names), and as part of a 'tactical' portfolio of strategic and defensive registrations), but also to infringers, who can utilise domains as a means of impersonation, passing off, claimed affiliation, or traffic direction and monetisation. more

Hundreds of “George Floyd” and “Black Lives Matter” Domain Names Appear in the DNS

Trending news and global events impact domain registration behaviors. We observed a slew of coronavirus-themed domain name registrations, for example, as early as January. George Floyd's death, which sparked several Black Lives Matter movements, is no different. Three days after George Floyd died, our data feed started detecting George Floyd-themed domain names... We retrieved all domain names that contain the strings "eorge," and "lackliv" from 28 May to 7 June and found 402. more

Three Reasons Why CISOs Need to Know How Their Company Is Managing Their Domains

Companies today manage hundreds or even thousands of domain names that support their organization, their visitors from different countries, and their brands and trademarks. They register misspelling of their names as a defensive strategy to protect their brand from online fraud, or from losing traffic to simple user typos. more

7th Registration Operations Workshop (ROW), Vancouver, Thursday May 17th 2018

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

Brand Abuse and IP Infringements – Part 1: Brand Impact

In this two-part blog series, we take a closer look at brand abuse and intellectual property (IP) infringements. In this first article, we explore the components making up a company's IP and how online content can affect a brand's value, both actual and perceived... The IP held by an organization -- i.e., the portfolio of brands, trademarks, and other intangible assets that provide it with its distinctiveness, and protect it from unfair competition in the marketplace... more

The URS Also Applies to These Top-Level Domains

The Uniform Rapid Suspension System (URS) is often described as a domain name dispute policy that applies to the new gTLDs. While that's true, the URS is actually broader than that. The URS (a quick and inexpensive policy that allows a trademark owner to obtain the temporary suspension of a domain name) applies to more than just the new gTLDs, that is, those top-level domains that are a part of ICANN's 2012 domain name expansion. more