Acquiring domain names for the purpose of selling them to complainants is the second most heavily invoked of the four circumstances that are evidence of abusive registration. Because no self-respecting domain name reseller will ever admit to acquiring domain names "primarily for the purpose" of selling them to complainants "for valuable consideration in excess of [their] documented out-of-pocket costs directly related to the domain name" evidence of bad faith is typically deduced by other factors. more
No industry is immune from cybersquatting - not even the legal industry. In three recent (and unrelated) UDRP decisions, law firms won decisions ordering the transfer of domain names that contain their trademarks. One of the cases involved Alston & Bird, the large law firm where I began my legal career and first learned about domain name disputes 20 years ago. As the UDRP decision describes it, Alston & Bird is a well-known law firm founded in 1893 with offices throughout the world. more
Cyberflight (defined as strategically transferring accused domain names to another registrar or registrant upon receipt of a complaint) was a sufficient irritant by 2013 for the ICANN to adopt recommendations to amend the Rules of the Uniform Domain Name Dispute Resolution Policy (UDRP). Effective July 1, 2015 the Rules now include a requirement for locking the domain as well as a change in the timing of transmitting the complaint to respondents. Before the amendment there had been no uniform approach to locking. more
According to the latest report from The World Intellectual Property Organization (WIPO), trademark owners filed 2,754 cases under the Uniform Domain Name Dispute Resolution Policy (UDRP) with the agency in 2015 - an increase of 4.6 % over the previous year. more
Imagine a California non-profit corporation providing material assistance to a criminal wanting to do you physical and financial harm. Then, imagine that corporation is ICANN. Imagine no longer, because that is precisely what the ICANN Compliance department managed to pull off this week, in an all-too-common demonstration of the havoc they can cause by sheer ineptitude, without apology or concern. This is the situation which crossed my desk this week. more
The Coalition Against Domain Name Abuse (CADNA) has released a report today suggesting that the Internet Corporation for Assigned Names and Numbers' (ICANN) anticipated launch of 400 generic top-level domains (gTLDs) could cost brand owners worldwide over $746 million. "CADNA's findings are based off a document released by ICANN last month regarding the expected number of gTLDs, or the letters found after the last dot of a domain name like .COM or .ORG, that will be created during the first round of the TLD launch." On the other hand, Earlier this year, Minds + Machines reported on an analysis predicting new gTLDs will only cost $.10 per trademark worldwide. more
We need a tax. You don't hear that too often. But right now a tax is the weapon needed by the domain name community. We face way too many cyber- and typosquatters. To drive them back, let's tax parked and unused domain names. Done right -- sized properly and phased in -- the tax will make it much harder for speculators to turn a profit while they keep domains sitting idle or parked. more
With just over 2.4 million New gTLDs registered, abuse trends are beginning to emerge. Earlier this month we conducted a review of the top 100 most highly-trafficked Web property names across the top 5 most popular new gTLD registries. It is apparent that the abuse we had expected has occurred -- just not where we had anticipated. more
Moore's law postulates that the number of transistors in an integrated circuit will double every two years. That law has given us smartphones and other devices with astonishingly diverse capabilities at ever lower costs. However, while it does not encompass online brand infringement, many trademark managers feel that their task is likewise expanding at exponential speed and imposing escalating costs. Potential cybersquatting based in the more than one thousand new generic top level domains is only one new source of anxiety. While the jury is still out on the level of harmful cybersquatting and the efficacy of the new Rights Protection Mechanisms (RPMs) for new gTLDs, that ICANN program is hardly the only challenge. more
An initial review of ICANN's response to litigation seeking it to turn over control of the ccTLDs of Iran, Syria and North Korea led to the conclusion that it had opened a "legal can of worms". A few more just wriggled out, and they threaten the basic assumption that underlies the U.S. statute governing cybersquatting and the practices engaged in by Federal officials seizing domain names engaged in intellectual property infringement. 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
With so many new gTLDs moving into their respective general availability periods, and incidents of cybersquatting beginning to appear, many companies are now looking towards the URS (Uniform Rapid Suspension) as a possible solution for quickly remediating abuse. As a reminder, domains that are the subject of a successful URS ruling are suspended for the remainder of the registration term, or can be renewed for an additional year at the current registrar. more
In spite of the material we were presented with in Durban something has gone very wrong inside of ICANN Compliance. KnujOn has published a report which demonstrates that ICANN Compliance appears to completely collapse between September 2012 and December 2012. Following December 2012, ICANN seems to stop responding to or processing any complaints. It is around this time certain compliance employees start disappearing. This was not limited to the Sydney office as some would have us believe... more
ICANN has opened the Generic Names Supporting Organization (GNSO) Whois study on privacy/proxy abuse for public comment. Performed by the National Physical Laboratory (NPL), this study is one of many commissioned by the GNSO to examine the current, disparate, and often maligned registration directory service, and aims to measure the hypothesis that "a significant percentage of the domain names used to conduct illegal or harmful Internet activities are registered via privacy and proxy services to obscure the perpetrator's identity." more
ICANN recently updated the list of reserved second level domain names. Those are names that you won't be able to register in any of the 1500 or so new domains they're planning to add. There's rather a lot of them, currently 629. The names are in three groups, the ICRC (the Red Cross), the IOC (the Olympic games) and everyone else. Several years ago the Red Cross and later the Olympics came to ICANN and insisted that they make a special list of forbidden names, separate from the various trademark registries. more
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