Dialogue is the only way to end cybersquatting. Distrust between brand owners and domain owners (with an assist from some cockeyed business incentives) has turned a problem into a very expensive vicious cycle. Now that ICANN is about to launch new top-level domains (TLDs), negotiations must start immediately or both sides will pile up further loses. Here's how the problem plays out now. more
Every time I see a federal appellate opinion on domain names, I'm vaguely reminded of the Country Joe song I-Feel-Like-I'm-Fixin'-To-Die Rag, whose course goes "And it's one, two, three, what are we fighting for?" Fortunately, domain name disputes do not lead to the senseless loss of life we experienced from the Vietnam War. Unfortunately, lengthy domain name litigation usually has little more strategic value. more
Chanel's warning to counterfeiters: "we are watching and we are taking action." That's the literal message you will see when visiting around 40 websites that used to sell counterfeit goods (such as mychanelshop.com) that now redirect to the Chanel-owned website chanelreplica.com. These domains were transferred to Chanel as a result of a favorable decision rendered in May 2010 against two counterfeiters. more
In my last post we talked about the value of introducing new generic Top-Level Domains (gTLDs) to Tribes. We discussed what a Tribe was and how communities of people sharing knowledge and experiences can benefit from new TLDs. In the next three posts from my blog we'll discuss how brand owners can either benefit from creating a tribal home and/or come together with other tribes for the benefit of their members. 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
The IDN ccTLD Fast Track program is moving along rapidly, with ICANN's announcement that both the Simplified and Traditional Chinese script versions of .china have passed the string evaluation phase of the IDN ccTLD Fast Track Program. Alongside this, ICANN have also announced the release of a proposed implementation plan for 'Synchronised IDN ccTLDs' that will create the rules by which these variant IDN ccTLDs will coexist. more
Online fakes can be a lucrative business and difficult to crack down on, due to the ease and low-cost of setting up multiple virtual storefronts and the ability to obfuscate an operation's identity. A federal lawsuit filed on March 1, 2010 by Polo Ralph Lauren and VF Corp. illustrates these points and highlights many of the intricacies of an online counterfeit ring. more
According to recent study conducted by Minds + Machines, historical data analysis suggests brand owners do not necessarily register their brands when it comes to new generic Top-Level Domains. From the report: "A survey of the domain registration behavior of Fortune 100 companies reveals that they have not registered many of their trademarks in recently created generic top-level domains (gTLDs). A sample of 1043 brands were registered in less than 30% of the eight new open gTLDs created after 2001. If historical registration data is a guide, brands are unlikely to undertake many defensive domain name registrations in the proposed new gTLDs, and furthermore are unlikely to be the victims of cybersquatting." 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
The 2010 Domain Pulse, hosted by SWITCH (the .CH registry) was held in the snowy Swiss city of Luzern. Domain Name Security (DNS) was of particular importance in this year's meeting with DNSSEC being implemented in the root zone in 2010 by ICANN, and by many registries in the next few years. ICANN plan to have all root servers signed with DNSSEC by mid-2010 Kim Davies, Manager, Root Zone Services at ICANN told the meeting, starting with the L root server, then A root server with the last being the J root server as all are gradually signed. more
Looking back at the year that just ended, here are the top ten most popular news, blogs, and industry news on CircleID in 2009 based on the overall readership of the posts. Congratulations to all the participants whose posts reached top readership in 2009 and best wishes to the entire community in 2010. more
Today's case involves the classic alleged scenario of a gripe site which used a Plaintiff's trademark in Defendant's web site domain name -- and whether this might be a violation of the Anti Cybersquatting Consumer Protection Act (ACPA). more
To say that it's been quite a year in the world of domain names would be an understatement. From compromised country code Top-Level Domains (ccTLD) registries, to the delay of new generic Top-Level Domains (gTLDs), some of the events of the past year have been surprising, while others could easily have been predicted. Regardless of whether you could have seen these coming, please find below my list of 2009's most important domain name events...at least, as I see them. more
Managing Intellectual Property, in association with Finnegan, has released an article based on a recently hosted discussion regarding ICANN's approved plans to open the domain name system to an unlimited number of generic top-level domains (gTLDs) and how the Implementation Recommendation Team's (IRT) recommendation will affect brand owners. Topics included the main concerns with new gTLDs from a brand owner's perspective, the role of IRT, enforcement issues, and navigating the new domain name space. Finnegan partners David Kelly and Jonathan Gelchinsky participated with J Scott Evans of Yahoo! Inc., Elisabeth Roth Escobar of Marriott International, Inc., Erik Wilbers of WIPO Arbitration and Mediation Center, and Kurt Pritz of ICANN for the roundtable. more
In the midst of ICANN's decision to ask the Generic Names Supporting Organization (GNSO) to create proposals on trademark protection mechanisms, the World Intellectual Property Organization (WIPO) announced that it will launch a fast-track UDRP process... The WIPO move is flawed and creates various problems. Here is an account. more
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