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Internet domain names are truly bizarre. There is nothing especially remarkable about them from a technical perspective, but from a social and political perspective they are all sorts of fun. We can have arguments over control of the DNS root, arguments over whether names are property, arguments over innate rights to specific names, arguments over a registrar's right (or lack thereof) to exploit unregistered names for private gain, and many more arguments besides. In this article, I'd like to explore the argument-space rather than defend any particular position in it. In so doing, I hope to illuminate some novel (or under-emphasised) perspectives on the matter. more
Recently, I entered my domain name in a "WHOIS" database query to test the results of the database by using WHOIS on a number of domain name registrar websites. WHOIS is a database service that allows Internet users to look up a number of matters associated with domain names, including the full name of the owner of a domain name, the name of the domain name hosting service, the Internet Protocol or I.P. number(s) corresponding to the domain name, as well as personally identifying information on those who have registered domain names. I was astonished to find... more
In a report released today, the World Intellectual Property Organization (WIPO) has announced a 20% increase in the number of cybersquatting (abusive registration of trademarks as domain names) cases filed in 2005 as compared to 2004. The report further indicates that "in 2005, a total of 1,456 cybersquatting cases were filed with WIPO's Arbitration and Mediation Center. This increase represents the highest number of cybersquatting cases handled by the WIPO Center since 2001." more
A recent decision by a federal court in Virginia illustrates some interesting legal issues that arise from the global nature of the domain name system. It also highlights a powerful mechanism under the Anticybersquatting Consumer Protection Act ("ACPA") by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court's personal jurisdiction over the registrant. more
Late last week, ICANN published the guidance from the Article 29 Working Party (WP29) that we have been waiting for. Predictably, WP29 took a privacy maximalist approach to the question of how Europe's General Data Protection Regulation (GDPR) applies to WHOIS, a tool widely used by cybersecurity professionals, businesses, intellectual property owners, consumer protection agencies and others to facilitate a safer and more secure internet. more
The essay expands a cooperative solution to third-party use of brands in domain names. Like any approach that depends on cooperation, the solution will require both sides to change behavior but also allow both sides to take credit for the resulting benefits, i.e. a triangular solution. If not immediately addressed, the problem of third-party use can become a major threat to the industry. But we already know one thing: when it comes to this issue, legal action and bullying don't work. more
The fact that the market for mobile phones that provide Internet access (aka "smart phones") is predicted to increase during the next several years, with global shipments growing to an impressive nearly 125 million units in 2009, means the competition for bridging mobile content and mobile phone use is likely to be keen. Indeed, dotMP already must face competition for registry services that will target mobile phone users. A few of the biggest names in information technology and mobile communications -- led by Nokia and including Microsoft, Vodafone, HP, Orange, Samsung and Sun Microsystems are planning to wedge into the Top-level Domain name space (TLD) by supporting a new TLD registry for mobile web content focused on web pages built specifically for access by mobile devices like smart phones and handheld computers or Personal Digital Assistants (PDAs)... what may set dotMP apart from the technology giants led by Nokia, is a significant value added benefit to its domain name registration services...it will protect the privacy of its registrants. more
The legal status of domain names is one of the most hotly debated topics with regards to evolving property rights and how they should be applied to technological and intellectual property 'innovations' in cyberspace. At present, there are two opposing factions on this topic: On one hand, there are those who maintain that domain names should be considered as contracts for services, which originate from the contractual agreement between the registrant and the registrar. more
Most of us would be put off if a court issued a press release cheering the number of prisoners its judges had put behind bars or the number of tenants it had helped landlords to evict. That seems antithetical to the neutral adjudication of disputes, and ethical rules regularly decry such "appearance of bias." Yet WIPO seems to think it perfectly natural to crow about its arbitrators' favoritism for complainants against "cybersquatters" in UDRP proceedings. It issued a release that reads like a solicitation for trademark claimants' business, not a promotion of neutral arbitration services... more
When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999, it explained its purpose as combating "abusive registrations" of domain names which it defined as registrations "made with bad-faith intent to profit commercially from others' trademarks... Bad actors employ a palette of stratagems, such as combining marks with generic qualifiers, truncating or varying marks or by removing, reversing, and rearranging letters within the second level domain (typosquatting). more
Who would have ever believed that .XXX would finally be approved AND launched, total domains registrations would continue to grow at 10% year over year, ICANN would be in the process of preparing for the launch of new gTLDs in the face of harsh criticism, and that both Go Daddy and Group NBT would be acquired by private equity firms. As we look back over the past year, here are the top 10 biggest domain stories of 2011. more
Germany-based ICANN-accredited registrar EPAG owned by Tucows has informed ICANN that it plans to stop collecting Whois contact information from its customers as it violates the GDPR rules. more
Record-breaking domain sales, acquisitions, and growing industry credibility all highlight a critical year for the domain name industry. The domain name industry had a heck of a year. It's impossible to rank the top news stories of 2006, but I'm going to make an attempt... Let's talk about it before the end of the year; then let's look forward to a fantastic 2007. more
There has been considerable debate on whether the Internet needs new Top Level Domains. Advertising advocacy groups have objected to the expense of re-investment in online branding. There's a lot of work involved in telling the world .BEYONCE is where you will now find all official Beyonce related information. I'm wondering, why would anyone object to some order being applied to the internet? more
When domain name conflicts between manufacturers and distributors rest on contractual disputes over the use of the trademark owners' marks, ICANN UDRP panels have frequently denied relief. See generally the cases cited and discussed in Western Holdings, LLC v. JPC Enterprise, LLC d/b/a Cutting Edge Fitness and d/b/a Strivectin SD Sales & Distribution, D2004-0426 (WIPO August 5, 2004) by Mark Partridge as sole panelist. The decision summarizes other ICANN UDRP decisions involving contractual disputes. For instance... more
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