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In rem actions over domain names are powerful tools. A trademark owner can undertake these actions when it identifies an infringing domain name but cannot locate the owner of that domain name. In a sense, the domain name itself is the defendant. The Anticybersquatting Consumer Protection Act (which is a part of the federal trademark statute dealing with the unauthorized registration of domain names) says that a court can enter ex parte orders requiring a domain name to be turned over when... more
New top-level domains will quickly be upon us, and if you are ramping up to get your application ready, part of your launch plan should address what you will do with valuable keyword or generic names -- what we often refer to as "premium names." ... Choosing appropriate domains to reserve is an important first step which must be included in your application to ICANN. more
I'm in the camp that ICANN Top-Level Domains (TLDs) are businesses that should be allowed to evolve from their original charter to increase their viability in the marketplace. It was announced today that VeriSign is proposing to allow telephone numbers and other numeric identifiers in the .NAME top-level domain. This could be the Killer App that ENUM has been waiting for. more
It nearly goes without saying that if ".CA" means and should continue to mean, "Canada", the registration of a .CA domain name ought to involve some tie to Canada. As Canadian Internet Registration Authority ("CIRA") CEO, Byron Holland, aptly put it, "The fundamental requirement of having a Canadian presence in order to get a dot-ca domain name make sense...because it is a country code and there is an assumption that there is some "Canadian-ness". And that is why, in a nutshell, I support a Canadian 'presence requirement' for the registration of .CA domain names. Nevertheless, the question of what constitutes an appropriate 'presence requirement' is an interesting issue... more
The Internet Corporation for Assigned Names and Numbers (ICANN) is a Petri dish for acronyms. The latest one to be introduced into the ICANN lexicon is MOPO which is short for Morality and Public Order. MOPO is one of the four grounds by which a third party can challenge an application for a new generic top-level domain (gTLD). The profile of MOPO recently increased when ICANN's Government Advisory Committee (GAC) provided formal advice to the ICANN Board regarding the current MOPO procedures set forth in ICANN's Draft Applicant Guidebook (DAG) for new gTLD applicants. The resolution of this issue will largely determine whether new gTLD applications will be accepted by ICANN in 2011 as planned or sometime in the far distant future. more
To some applicants, ICANN's variant management policy in DAG4 has become a big obstacle to the new generic Top-Level Domain (gTLD) application. The policy is to delegate the string while reserving the variants, and these variants will not be delegated until a sound mechanism is developed and the desired variants are evaluated. But for some languages, Chinese for example, the so called string and its variant, namely simplified Chinese and traditional Chinese, are equivalent and must be simultaneously delegated. more
The .CO top-level domain made over $10 million in just a couple of months. What do the results of the .CO re-launch mean for new gTLDs? Remember, .CO is the country-code TLD for Colombia. Until this summer, you could only register names under .com.co, .net.co, etc. You couldn't register myname.co. Now anyone in the world can register a .co name, and register it directly under the top level. more
Reading through Brian Kreb's blog last week, he has an interesting post up on the White House's call upon the industry on how to formulate a plan to stem the flow of illegal pharmaceuticals...It is unclear to me whether or not the goal of this initiative is to stem the flow of online crime in general or to reduce the flow of illegal pharmaceuticals flowing into the United States (since presumably this cuts into the profits of large pharmaceutical companies... more
New gTLDs continue to be a major topic of discussion within ICANN circles, and the regional meeting currently underway in Tokyo has revealed some interesting updates for potential applicants. ICANN's Chief gTLD Registry Liaison, Craig Schwartz, delivered a great presentation on the progress being made behind closed doors at ICANN and provided the attendees with an insight into a couple of key changes that are likely to be seen in the Final Applicant Guidebook. more
The announcement that .co has already achieved over 450,000 new registrations since the opening up of the second level a month ago demonstrates that there is strong demand in the global domain name marketplace for quality new domain spaces. Though .co is the country code Top Level Domain (ccTLD) for Colombia, the second-level registrations (i.e. company.co) are available on a global basis and it is being pitched as a direct competitor to the dominant .com gTLD. Google has altered its algorithm to increase the relevance of search results in the .co domain by treating .co as a gTLD... more
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