Domain Management

Brexit Done: What Does It Mean for an Online Presence?

On January 1, 2021, the United Kingdom officially ended the transition period and is no longer subject to European Union rules. The U.K. had been part of the EU for 47 years, or almost two generations. Comprehending the impact, the changes, the new ruling, and compliance will take some time. But in a world where online shopping, online banking, and communication is growing at lightning speed, we need clarity on key digital assets - the basic domain name. more

How a ‘Defensive Registration’ Can Defeat a UDRP Complaint

A company that registers a domain name containing someone else's trademark may be engaging in the acceptable practice of "defensive registration" if (among other things) the domain name is a typographical variation of the registrant's own trademark. That's the outcome of a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP), a case in which the domain name in dispute, idocler.com, contained the complainant's DOCLER trademark -- but also contained a typo of the respondent's DOLCER trademark. more

A Mexican Standoff in Wonderland

Wikipedia defines a Mexican standoff as "a confrontation in which no strategy exists that allows any party to achieve victory. As a result, all participants need to maintain the strategic tension, which remains unresolved until some outside event makes it possible to resolve it." This would be an apt way to describe what may be possibly occurring presently between the Internet Corporation for Assigned Names and Numbers (ICANN) and its largest ratepayer, VeriSign. more

US Continues to Lead As Top Country Hosting Phishing Attacks

Recent study indicates that US continues to widen its lead as the number one country when it comes to hosting phishing sites. According to the latest Brandjacking Index just released by MarkMonitor, US-hosted phishing sites grew by ten percent from last quarter -- up from 36 percent to 46 percent. Canada is now at second position with 4.7 percent of all phishing attacks, followed by the Russian Federation (4.5 percent), France (4 percent), and Denmark (4 percent). more

The World of the Subdomain

A web domain name is the foundational piece of internet property allowing its owner (registrant) to construct and host an associated website. On a domain, the owner is also able to construct whatever subdomains they wish -- a process that is technically achieved via the configuration of records on the authoritative domain name system (DNS) server. more

Trademark Registrations on the ‘Supplemental Register’ Don’t Count (in Domain Name Disputes)

The Uniform Domain Name Dispute Resolution Policy (UDRP) has never required that a complainant own any trademark registrations to succeed in a domain name dispute, given that common law trademark rights (if properly established) are sufficient. But, as a pair of recent UDRP decisions reminds us, even some registrations are inadequate. The issue relates to the first element of every UDRP complaint, which requires the party seeking relief to prove that the "domain name is identical or confusingly similar to a trademark... more

Apple (Not Surprisingly) is Not a Cybersquatter

It's highly unusual for a well-known trademark owner to be accused of cybersquatting, but that's what happened when a Mexican milk producer filed a complaint against Apple Inc. under the Uniform Domain Name Dispute Resolution Policy (UDRP) in an attempt to get the domain name lala.com. Not only did Apple win the case, but the panel issued a finding of "reverse domain name hijacking" (RDNH) against the company that filed the complaint. more

The .BEST Acquisition: 3 Months After

The .BEST new gTLD Registry was acquired 3 months ago by Cyril Fremont, a French Entrepreneur from Paris, and a team of investors. I took the time to meet with Cyril in the latest ICANN63 meeting in Barcelona to ask him a few questions about his future new gTLD project, three months after it was acquired from the previous owner... .best has just released the MVP (Minimum Viable Product) of the social network. The ".best" social network will be officially present at the next Namescon... more

The Countdown Has Started – Here Come One-Year Digital Certificate Life Cycles

Apple announced its decision to trust only one-year digital certificates on its Safari browser in February 2020. This decision created a domino effect, with Mozilla and Google following suit; certificate providers announced they would not issue two-year certificates after Aug. 19, 2020. We wrote an article in March to help brands to prepare for this change. more

Creating, Protecting and Defending Brand Equity - Part 2

In the second of three posts about how brand owners can protect their trademarks from misuse, I will focus on two concepts: the role of "use" and registration in protecting your brand, and domain names -- specifically acquisition and protection. Internet domain names have emerged as a major battleground for brand promotion and protection. While it is easier than ever to register and promote your name on the internet, it is also easier for others to trade on another brand's equity. more

Challenging UDRP Awards in Federal Court: Recent Outcomes

Challenging UDRP awards in actions under the Anticybersquatting Consumer Protection Act (ACPA) is infrequent though steady. There are currently a number of court filings in U.S. district courts that are in the early stages, most notably the ADO.com case reported on in an earlier essay and several others have either been referred to mediation (the IMI.case) or settled or discontinued. more

ICANN to IP Experts: Come Back With a Solution for Internet Trademark Protection

Trademark issues are emerging with the upcoming introduction of new generic top-level domains on the internet, and the board members of the body introducing the names has passed the ball back to intellectual property experts to find answers. The Intellectual Property Constituency of the Internet Corporation for Assigned Names and Numbers (ICANN) has been asked to work out a viable solution "no later than 24 May 2009." Trademark issues have been defined as one of four overarching issues still to be solved before ICANN can finalise the application procedure for the next hundreds or thousands of top-level domains from .eco to .music. 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

Domain Security: An Underused Cybersecurity Strategy and First Line of Defense in Your Zero Trust Model

Domain security is a critical component to help mitigate cyberattacks in the early stages - your first line of defense in your organization's Zero Trust model. According to the Cybersecurity and Infrastructure Security Agency (CISA), most cyberattacks - including ransomware and business email compromise (BEC) - begin with phishing. Although losses due to ransomware now exceed billions annually, most ransomware protection and response measures don't adequately address phishing risks in the early stages of an attack because they don't include domain security measures to protect against the most common phishing attacks. more

The [Dot]Brand Tribes - Part 3

In part two of The [Dot] Brand Tribes we argued that introducing new branded generic Top-Level Domains (gTLDs) would bring value to brand owners and have positive effects on customer recognition. In this last post we'll continue that theme and talk about how brand owners can come together to provide shared spaces using the banking industry as an example. more