"GOD, at least in the West, is often represented as a man with a flowing beard and sandals. Users of the Internet might be forgiven for feeling that nature is imitating art — for if the Net does have a god he is probably Jon Postel" (The Economist, Feb. 1997) David W. Maher, Senior Vice President, Law and Policy of Public Interest Registry (PIR) offers his reminiscence of the early days of the Internet and attempts made to restructure the Domain Name System — an article he has entitled 'Reporting to God'. more
You all remember cybersquatting, a popular sport in the late 90s, right? McDonalds.com, JenniferLopez.com, Hertz.com and Avon.com thankfully all point to the right web sites today, but thaiairline.com, mcdonald.com, luftansa.com, gugle.com, barnesandnobles.com and other misspellings are fake web sites intended to trap the casual surfer with a hand that's a bit too much quicker than the eye... If you want to go to the McDonalds web site, you don't even spend the 10 seconds to look it up -- you will type McDonalds.com and expect to see the latest dollar meal menu. But the same is true for the other popular form of communication -- email... more
Dell filed a suit in Florida in early October against a nest of domain tasters in Miami, widely reported in the press last week... The primary defendant is a Miami resident named Juan Vasquez, doing business as several registrars called BelgiumDomains, CapitolDomains, and DomainDoorman, as well as a whole bunch of tiny companies of unknown authenticity... Those registrars have an egregious history of domain churning. I gave a talk on domain tasting at MAAWG in October in which I picked out the registrars who churned the most domains from the May registrar reports, and those three were the worst, each having registered about 500,000 domains, refunded over 10 million... more
What's at the heart of cybersquatting may also be at the heart of free speech on the Internet: the diversion of Internet users looking for plaintiff's web site to defendant's web site. Cybersquatters register domain names to accomplish this, while meta-infringers (as we will call them) use HTML code and search engine optimization techniques. Meta-infringers do this by creating keyword density by using competitor's trademarks and permutations thereof in their website in order to rank higher in the search engine results when someone searches on the competitor's trademarks. more
Yesterday I participated in a panel at the International Consumer Product Safety Conference sponsored by the International Consumer Product Health and Safety Organization (ICPHSO) held at the European Commission in Brussels Belgium. This conference brings together the global community of product safety engineers, manufacturers, retailers, regulators, inspectors, and counterfeiting investigators. The role of online fraud and illicit product traffic is clearly one of the conference priorities. more
I want to call your attention to another court decision that upholds the right of a consumer to create a non-commercial web site criticizing a company, using the company's name as the domain name. Lucas Nursery and Landscaping v. Grosse, 2004 WL 403213 (6th Circuit March 5, 2004). This case involves Lucas Nursery, a landscaping company in the suburbs of Detroit, Michigan, which apparently botched work done for Michelle Gross - or at least that was her opinion. But, when she established a web site to tell her story, Lucas sued her under the Anticybersquatting Consumer Protection Act ("ACPA")... more
Many of us were expecting radical changes in 2010 to the domain name market. There definitely were some of those -- just not the ones I expected. From the seizure of domains names by the US Government to ICANN's removal of restrictions on Registry/Registrar cross-ownership, 2010 was a year full of surprises. In this post, I've compiled what I think were the biggest domain name stories in 2010. more
Minds + Machines reports: "A quantitative analysis of UDRP data for all open generic Top-Level Domains (gTLDs) concludes that the introduction of new gTLDs will result in approximately 316 new cases of cybersquatting, and that the resultant cost to trademark holders, overall, will be $870,000 per year -- less than less than $.10 for each trademark registered worldwide, or about $.44 per trademark registered in the United States. The data show that cybersquatting correlates to registration volume across all open gTLDs, not to the number of gTLDs, but is more prevalent in .com." more
My book, "The Current State of Domain Name Regulation: Domain Names as Second Class Citizens in a Mark-dominated World" is now available by Routledge. The following is an overview of the book. more
This case involves an alleged domain name theft. Solid Host is a web host and initial owner of the domain name solidhost.com, which it registered through eNom in 2004. Solid Host claims that in 2008, a security breach at eNom allowed an unknown interloper (Doe) to steal the domain name and move the registration to NameCheap. Doe also acquired NameCheap's "WhoisGuard" service, a domain name proxy service that masked Doe's contact information in the Whois database. Solid Host contacted Doe and sought the domain name; Doe asked for $12,000, and Solid Host took a pass... more
In the first article of this two-part blog series, we looked at how frequently domains were used by bad actors for phishing activity across individual top-level domains (TLDs) or domain extensions, using data from CSC's Fraud Protection services, powered by our DomainSecSM platform. In this second article, we analyze multiple datasets to determine the highest-threat TLDs, based on the frequency with which the domains are used egregiously for a range of cybercrimes. more
A recent study took an in-depth look at the scale and the risk of domain name typosquatting -- the practice of registering mis-spellings of popular domain names in an attempt to profit from typing mistakes. "Applying every possible one-character typo to the domain names of Facebook, Google, Twitter, Microsoft, Apple and Sophos," Paul Ducklin, Sophos' Asia Pacific head of technology collected HTTP data and browser screenshots from 1502 web sites and 14,495 URLs. In this report, Ducklin analyses the data revealing unexpected results within the typosquatting ecosystem. more
While typosquatting is not a new phenomenon, recent research highlights that it is being used to collect sensitive corporate information from employees and lure consumers to interact with dubious websites. ... Security consultancy Godai Group recently uncovered the use of a specific type of typosquat - a "doppelganger domain" - to collect sensitive enterprise information via email-based attacks. more
Complainant sells RV parts and accessories in the eastern part of Tennessee. Respondent, no stranger to UDRP proceedings, registers domain names and sets up pages with pay-per-click ads related to the subject of the words in the domain name. Though Complainant had been operating on the web since mid-2004, which is the same year it incorporated, it claimed that its predecessor in interest had been using the ADVENTURERV trademark since 1989. more
How prevalent is cybersquatting and typosquatting? Take a look at www.wipo.com, and then compare it with the World Intellectual Property Organization's web site www.wipo.org. Ironically, the WIPO Arbitration and Mediation Center handles a majority of the UDRP domain dispute arbitrations internationally. The very organization which is invested with the authority by ICANN to resolve cybersquatting and typosquatting disputes internationally under the UDRP is, by all appearances, being squatted. Here are two apparent typosquatters... more
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