Domain Management

Your Domain Name Does Matter in Search Results – Microsoft Says So!

I stumbled upon a study conducted by Microsoft eons ago back in the paleolithic era of search; 2012... It is about how "premium domains" are perceived by the consumer when seeing them in the search results compared to a lower value "non-premium" domain. I like to use quotations sparingly, but I felt it was necessary because the varying opinions on premium v non-premium domains is a bridge I do not want to cross in this post.  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

When It Comes to Domain Name Rights Protection, scapegoat.sucks

It is not surprising that the phase 1 review of domain name rights protection mechanisms is delayed, but it is a bit of a surprise that in responding to a question posed in 2020, business executives and their lawyers replied with answers first offered and rejected five years earlier. In that time before COVID-19, the launch of the Vox Populi Registry and its dotSucks domain names drew quite a lot of attention. more

Namecheap, EFF and the Dangerous Internet Wild West

This past week I had two items pop up on my alerts. The first was about Facebook suing domain registrar Namecheap for allowing domains that impersonate the social media company and can be used for scams. The second was a plea by the Electronic Frontier Foundation to join in its crusade to stop the sale of the .ORG domain. It took me a moment to realize these are linked. more

Domain Enforcement in a Post-GDPR World

The implementation of the General Data Protection Regulation (GDPR), and ICANN's conservative temporary policy, which favors privacy and limits registrar liability, has made domain enforcement against cybersquatters, cyber criminals and infringement more difficult, expensive and slow. With heightened concerns over privacy following high-profile breaches of consumer data and its subsequent illicit use and distribution, there is no question that consumer data protection practices would come under scrutiny. 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

Back to the Future Part IV: The Price-Fixing Paradox of the DNS

GenX-ers may remember spending a summer afternoon at the movie theater and seeing the somewhat corny but beloved antics of Marty McFly and Doc as they used a souped-up Delorean to travel the space-time continuum. In Back to the Future Part II, Doc and Marty travel into the future, where the bullying, boorish Biff causes a time-travel paradox when he steals the Delorean and takes a joyride into the past to give his younger self a sports almanac containing the final scores of decades worth of sporting events. more

ICANN Terminates AlpNames

AlpNames has been sent a notice of termination by ICANN. Unlike many termination notices that specify a future date, the one they were sent has an immediate effect. As reported in multiple fora over the last few days AlpNames had gone offline, and at time of writing still is. They've also become unresponsive. It's on the basis of this that ICANN decided to terminate their contract straight away. more

Revisiting How Registrants Can Reduce the Threat of Domain Hijacking

Recent events have shown the threat of domain hijacking is very real; however, it is also largely preventable. As Verisign previously noted, there are many security controls that registrants can utilize to help strengthen their security posture. Verisign would like to reiterate this advice within the context of the recent domain hijacking reports. Domains are an important element of internet infrastructure; their functionality and security rely upon many factors such as their delegated name servers. more

The Hidden Perils of Filing a Baseless UDRP Complaint

When properly used, the UDRP enables trademark owners to take control of abusive domain names. Yet sometimes the UDRP itself is misused by trademark owners to try to seize desirable domain names to which they have no legal entitlement. Is there a downside to misusing the UDRP to attempt a domain name hijacking? Unscrupulous companies at times misuse the UDRP by improperly invoking its power to compel a transfer of ownership in order to seize inherently valuable, non-infringing domain names that the companies desire for their own use. more

Drawing Inferences from the Record: UDRP/URS Decision-Making

The weighing of evidence involves the connecting of dots, which involves drawing inferences. However, just as there can be false positives, there can be false inferences. The tendency may be to think of inferences as coming in one size, but not all inferences are logically correct. Some are weak and others strong. The reason for talking about both kinds is that so much depends on the quality of their making. more

Good Faith and Abusive Registration of Domain Names

Not all domain names identical or confusingly similar to trademarks are actionable. Exhibit 1 are complainants whose trademarks postdate domain name registration. The latest example of this is Insight Energy Ventures LLC v. Alois Muehlberger, L.M.Berger Co.Ltd., D2016-2010 (WIPO December 12, 2016) (<powerly.com>) but there are other, more esoteric examples such as loss by genericide, Shop Vac Corporation v. Md Oliul Alam / Quick Rank, FA1611001701026 (Forum December 10, 2016). more

Despite Voice and AI Hype: the Domain Name Remains Crucial in Marketing

In the early days of the internet, companies only needed a simple web presence to be among the pioneers of digitization. Playfully animated hover buttons and electronically-synthesized background music were commonly accepted standards. To appear on a search engine, webmasters simply had to submit the URL of their website. more

Undone! Failure of Persuasion in UDRP Proceedings

A split Panel in an early decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) held that parties deserve more than "[i]t depends [on] what panelist you draw." Time Inc. v. Chip Cooper, D2000-1342 (WIPO February 13, 2001). That's one side of the paradigm; the other side makes demands on the parties to prove their contentions, either of cybersquatting (one element of which is proving that respondent lacks rights or legitimate interests) or rebutting the claim (one element of which is respondent demonstrating it has rights or legitimate interests). more

Special Interests Circulating Draft Legislation to Cut Short ICANN’s Whois Policy Process

Special interests who oppose privacy are circulating draft legislation to cut short ICANN's Whois policy process, warns Milton Mueller in a post published today in Internet Governance Project. more