Domain Management

Brand Owners, Representatives of WIPO and ICANN Discuss New gTLD Concerns

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

Why WIPO’s Proposed Fast-Track UDRP Process is Flawed

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

A Sigh of Relief for Brand Owners ...Not So .Fast

All indications from the ICANN meetings in Seoul are that significant delays for the release of new gTLDs (Generic Top Level Domains) are expected. According to Rod Beckstrom, ICANN's CEO, new gTLDs will be made available when, "we've adequately addressed the important issues that are on the table." These important issues include efforts to address malicious conduct, root scaling, economic analysis, trademark protections, and vertical separation as related to the new gTLDs. more

ICANN 36 Preview: What’s ‘On Sale’ in Seoul

Last time the ICANN faithful gathered in Sydney, there was a fair bit of unrest and some big unknowns. The Implementation Recommendation Taskforce (IRT) report on how Intellectual Property (IP) could be protected in the era of new Top-Level Domains (TLDs) stirred the pot as did, to a lesser extent, the issue of Registry-Registrar separation in new TLDs. Additionally, everyone had big questions on their minds - when the root would be signed (and DNSSEC fully implemented)... Four months later and five thousand miles almost due north, the netizens gathering at ICANN 36 in Seoul know the answers to some of those very important questions. more

Ten Years of UDRP

In 1999, the Internet Corporation for Assigned Names and Numbers (ICANN) developed a policy to resolve disputes between trademark owners and registrants of domain names. This policy, the Uniform Domain-Name Dispute Resolution Policy (UDRP) was made available for disputes concerning an alleged abusive registration of a domain name. In the past 10 years alone, more than 16,000 disputes have been filed resulting in more than 10,000 domain name transfers. more

Reducing Cybersquatting, Phishing

Solutions to cybersquatting and phishing must target brand customers instead of the trademark infringers, who are in effect liars. This post outlines why online-based traditional solutions fail, and it offers solutions to two types of lying (cybersquatting and phishing). more

Happy Birthday .CAT and ICANN

Today, four years after the launch of the Catalan linguistic and cultural registry, Google reports that there are 90 million pages of Catalan content under the some 36 thousand .CAT domains. As imperfect as Google's tools are as a metric, the correct observation is that the use of .CAT by Catalans vastly exceeds the expectations of its initial proponents... more

United Arab Emirates TRA Investigating High Level Speculative Interests in Recently Liberalized .AE

Domain names registered under United Arab Emirates' recently liberalized county code Top-Level Domain (.ae) have attracted such high level speculative interests that red flags have been raised within the country's regulatory agency. Domain names such as 'vip.ae' and 'vips.ae' registered only a little over a year ago are currently receiving multi-million dollar offers according to reports. Abu Dhabi's newspaper, The National, reported last week that the Telecommunications Regulatory Authority (TRA), the .ae administrator, has stated "registering a UAE domain with no intention other than to resell it could hurt the registrants if they are later accused of registering the site in bad faith, something forbidden by its rules." more

NJ Man Arrested for Domain Name Theft and Sale on eBay

A man from the northern New Jersey area was charged and arrested for stealing a domain name belonging to the owners of P2P.com. According to reports, he allegedly transferred the ownership of the domain name to himself and succeeded in reselling it on eBay to a professional basketball player Mark Madsen of the Los Angeles Clippers. more

US Continues to Lead As Top Country Hosting Phishing Attacks

Recent study indicates that US continues to widen its lead as the number one country when it comes to hosting phishing sites. According to the latest Brandjacking Index just released by MarkMonitor, US-hosted phishing sites grew by ten percent from last quarter -- up from 36 percent to 46 percent. Canada is now at second position with 4.7 percent of all phishing attacks, followed by the Russian Federation (4.5 percent), France (4 percent), and Denmark (4 percent). more

Will ICANN Drop Its Biggest Revolutionary New Idea? Five Reasons

ICANN, the Internet Authority is up against the wall, and here are the top five reasons for which it may simply drop its greatest revolutionary idea of offering a brand new type of a designer domain name to fit the next generation of widely expanded Internet and cyber realities of tomorrow. This new proposed platform will surely revolutionize the marketing and branding for big and small businesses around the world, offering highly affordable tools for global reach than ever before but the strong opposition would like to kill this idea. more

Gillette.ro WIPO Decision Provides Interesting Comments

One of the WIPO decisions published today relates to gillette.ro. The registrant (respondent) didn't make any submissions in their defence, so the decision could have been quite banal. However some of the panelist's comments under the "Registered and Used in Bad Faith" section are quite interesting... more

Working With ICANN’s IRT and Not Against is in Order

ICANN realized during the Mexico City public meeting that its draft proposals for new generic Top-Level Domains (gTLDs) did not take sufficient account of the trademark problems that might arise if the new top level domains become havens for cybersquatters. ICANN sensibly asked the trademark and brand owners to propose rules and procedures that might address these problems... more

WIPO’s Misleading Release

The World Intellectual Property Organization put out a release yesterday trumpeting an eight percent increase in domain name disputes handled by WIPO. In 2008 there were 2329 complaints filed with WIPO, the most ever. WIPO uses the increase to raise questions about the possible increase in the number of available generic top-level domains... more

Outdated Whois Information Might Lead to False Light Tort: Meyerkord v. Zipatoni

It's a late entry, but this opinion may be a dark horse candidate for the most bizarre case of 2008. Meyerkord was a Zipatoni employee and listed as the registrant on domain names at Zipatoni's Register.com account. Meyerkord left in 2003. In 2006, Zipatoni ran an astroturfing viral campaign for Sony to promote the Play Station Portable at the domain alliwantforxmasisapsp.com... Unfortunately for Sony -- and Meyerkord -- the campaign did not go well. more