Domain Management

Corporate Domain Name Management Becoming More Difficult – Is Anyone Surprised?

Brandsight recently concluded their Third Annual Domain Management Survey. Designed to uncover issues of greatest concern to corporate domain name professionals, the survey was sent to more than 300 companies. The companies that responded spanned all verticals, ranging from financial services to high-tech to consumer packaged goods. Of those that responded, 18% had portfolios smaller than 500 domains... more

Celebrating Twenty Years of the UDRP

The Uniform Domain Name Dispute Resolution Policy, commonly known as the UDRP, was first introduced on October 24, 1999, by the Internet Corporation for Assigned Names and Numbers (ICANN). The UDRP is incorporated by reference into Registration Agreements for all generic top-level domain names (gTLDs) and some country-code top-level domain names (ccTLDs). more

Counterfeit Marks and Counterfeit Goods: Pretense in Cyberspace

The term "counterfeit" is defined under U.S. trademark law as "a spurious mark which is identical with, or substantially indistinguishable from, a registered mark." 15 U.S.C. § 1127 (Lanham Act, Sec. 45). Used as a noun, domain names ultimately found to have been registered in bad faith make their registrants cybersquatters by definition. But more commonly we encounter counterfeiting as an adjective as it applies to spurious goods (counterfeit goods) -- "made in exact imitation of something valuable or important with the intention to deceive or defraud." more

How to Get a Domain Name Transferred Under the URS

The Uniform Rapid Suspension System (URS) is designed to get a domain name suspended, but in some cases this dispute policy can be used to help get a domain name transferred. It's an uncommon result but one that trademark owners may want to keep in mind. The suspension remedy is often viewed as the greatest limitation of the URS. Trademark owners that want to have a domain name transferred typically file a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP) instead of the URS - but, the UDRP is more expensive and time-consuming. more

Creating, Protecting and Defending Brand Equity - Part 3

In the final of my three-part post series about how to protect your trademark against misuse, I will focus on proactive searching and policing and the benefits these can provide to brand owners. ... Proactive searching and policing of your brand is a prudent step in making sure your name is protectable. This is an advisable first step in naming a product or service. more

Diversity of View or Unacceptable Inconsistency in the Application of UDRP Law

The general run of Uniform Domain Name Resolution Policy (UDRP) decisions are unremarkable. At their least, they are primarily instructive in establishing the metes and bounds of lawful registration of domain names. A few decisions stand out for their acuity of reasoning and a few others for their lack of it. The latest candidate of the latter class is NSK LTD. v. Li shuo, FA170100 1712449 (Forum February 16, 2017)... It is an example of inconsistency in the application of law. more

The Ghosts of Deletions Future – December 2018 Versus December 2019

In the absence of data on renewals and deletions which are yet to happen, it can be enlightening to compare the domain names from the zone files of a year ago to the domain names in the current zones. The first group is the legacy gTLDs. The "Retained" domain names are those still in the December 2019 zone files. The "Deleted" domain names are those which are no longer in the current zones. Some of the retained domain names may have been reregistered, but these are not renewals charts. more

Respondent Had Rights or Legitimate Interests in Domain Name by Using It to Promote Genuine Business

In the case of Avon Products, Inc. v. Jenika Mukoro, Heirs Holdings, a 3-member WIPO Panel denied the Complainant's efforts to have the domain name avonhealthcare.com transferred because the Complainant failed to sustain its burden of establishing that the Respondent had no rights or legitimate interests in the disputed domain name. The Panel found that the Complainant proved that its trademark AVON (which has been in use since 1929) is well-known in the field of cosmetics... more

Significant Increase in Registry Locked Names Across Top 500 Most Highly-Trafficked Sites

A recent study conducted by Brandsight has revealed that 28% of the top 500 most-highly trafficked sites now employ registry locking. In contrast, only 15% of the top 500 most highly-trafficked sites were leveraging registry locking in 2013. Back in 2013, only 356 of the top 500 most-highly trafficked sites could be registry locked, but that number has also risen significantly so that now 396 of the top 500 most-highly trafficked sites are eligible. more

Building a “Domain of Trust” - Protecting Online Identity in the Age of AI and 6G

In today's interconnected world, your business's online identity is increasingly more vulnerable than ever. With the rapid advancement of AI and 6G technologies, cyber threats are evolving at an alarming rate, making it critical to protect your brand's digital presence. How can businesses proactively safeguard their online identity in this changing landscape?  more

“In the Public Interest”

Prior to November 30th of this year, the National Telecommunications and Information Administration (NTIA) must decide whether to renew or allow to expire its Cooperative Agreement with Verisign, the private-sector corporation that operationally controls the root of the Internet.. The Cooperative Agreement is unusually obscure, especially considering its central role in the operation of the Internet's Domain Name System (DNS). more

Patterns and Trends in Domain Tasting of the Top 10 Global Brands

Domain tasting is a long-established practice involving the short-lived existence of a domain, which is allowed to lapse a few days after its initial registration. The practice arose in response to an Internet Corporation for Assigned Names and Numbers (ICANN) policy allowing a domain to be cancelled -- with all fees refunded -- within a five-day grace period, intended to address the issue of accidental registrations1. However, the practice is open to abuse by infringers. more

Certifying to Merit and Proper Purpose in Alleging and Defending Cybersquatting Claims

Parties to a UDRP proceeding must include a certification similar in U.S. practice to Rule 11 of the Federal Rules of Civil Procedure (and undoubtedly a feature in procedural codes in other judicial jurisdictions) "that the information contained in this [Complaint or Response] is to the best of [Complainant's or Respondent's] knowledge complete and accurate, that this [Complaint or Response] is not being presented for any improper purpose, such as to harass... more

Corporate Domain Management in 2019: Consolidated Portfolio or Two-Vendor Approach – Why Not Both?

For close to 15 years, when it comes to domain name management, I've personally touted two things: 1) the importance of using a single, secure, corporate domain name registrar and 2) the importance of having a fully-consolidated domain name portfolio for even the largest portfolios. And in many ways, this made sense back then. With a single, corporate-focused registrar, domain professionals were able to access and manage all domains from within a centralized repository. more

U.S. National Cybersecurity Strategy and Its Impact on Domain Security

Last month, the U.S. National Cybersecurity Strategy was launched, providing a new roadmap for stronger collaboration between those operating within the digital ecosystem. The strategy calls on software makers and American industry to take far greater responsibility to assure that their systems cannot be hacked while accelerating efforts by the Federal Bureau of Investigation and the Defense Department to disrupt the activities of hackers and ransomware groups around the world. more