Domain Names

Deeply, Deeply Flawed Economic Report and Analysis of New gTLDs Posted by ICANN

The reports and analysis by Dr. Dennis Carlton are deeply, deeply flawed. I will prepare a long rebuttal to it in the coming weeks, but wanted to go on the record early as to its weaknesses. The analysis appears to be based on a very limited review of the market for domain names, and utilizes little actual data. It fails to even consider how nuanced the market for domain names has become, and how registry operators can exploit those nuances, including tiered-pricing...

European Commission Can Register ‘galileo.eu’, Even if It Deprives Owner of Identical Trademark

When it drafted the .eu regulation EC 874/2004, the Commission reserved for itself a (long) list of domain names. One of them was galileo.eu. For obvious reasons, Galileo Lebensmittel GmbH & Co. KG claimed before the Courf of First Instance that the Commission's decision to reserve galileo.eu should be annulled...

ICANN Con Rocas (or ‘ICANN On the Rocks’)

ICANN Meetings can be an intimidating place for first-timers or even those who have only attended for the few years. The acronyms fly fast and furious. The participants, or at least most of them, have been working on the issues for years (even decades). The technical and policy issues are complex. Luckily, however, an attendee can overcome these barriers to entry with a few drinks at the hotel bar. ..

What ICANN Participants Have in Common with (and Could Learn from) Quakers

Throughout my childhood, I was a practicing member of the Religious Society of Friends (the 'Quakers'). Now, for the first time, I am participating in an ICANN meeting (specifically, the 34th in Mexico City). While at first blush these to two experiences seem to have little in common, it is actually striking how much they are alike...

Domain Name Registration: Not a Technology Service Any More?

It didn't seem to make any headlines, but it is an interesting sign of the Internet times that, effective January 1, 2009 , the United State Patent and Trademark Office ("USPTO") changed the International Classification of "domain name registration services" to Class 45 (defined below). The reason that the move is interesting is that it is just one more indication that the world of the Internet is becoming less and less about technology and more and more about law and policy.

Could DoC Nominee Benefit Internet Governance, Help Globalize ICANN?

Wednesday's announcement by the Obama administration, that former Washington state governor Gary Locke has been nominated as the next Secretary of Commerce could be a good sign for Internet governance, and the continued globalization of the ICANN regime. The Chinese-American Locke brings key political capital and experience to the table. He is well respected within and has access to the most senior levels of the Chinese government...

Domaining Registrar Defeats Cybersquatting Lawsuit: Philbrick v. eNom

Philbrick's Sports is a New Hampshire retailer of sporting goods. eNom's customer registered two domain name variants of Philbrick Sport's website. When the customer didn't pay eNom, eNom took the names back for itself... Each of these domain names were parked with Yahoo, who displayed sponsored ads on the domains. Philbrick's then sued eNom, claiming cybersquatting and trademark infringement.

Trademark Owners Should Consider .mp Domain Name Registration

Saipan DataCom, Inc.’s upcoming late March 2009 open launch of chi.mp (“Content Hub & Identity Management Platform) has implications for trademark holders that seem to have gone unnoticed to date. Chi.mp is a free platform that enables social network users to create social hubs on their own stand-alone hosted Web sites... As an attorney representing both trademark owners and domain name registries, I see chi.mp as a unique situation.

Your Comments Front and Center in ICANN New gTLD Process

ICANN published the second version of its Application Guidebook for new generic top-level domains earlier today (late evening Los Angeles time). Alongside version two of the Guidebook – published by module and in a red-line version – are explanatory memoranda, the opening of a second public comment period (closing 13 April) and an extensive summary and analysis of the public comments made to the process so far.

Threat of Tiered Pricing Continues in New gTLD Guidebook Version 2

The draft New gTLD Applicant Guidebook (version 2) has been released along with an analysis of the comments to the prior version. The documents are voluminous. I glanced at the revised draft Base Agreement, and it's clearly unacceptable as there continue to be no price caps in place to protect domain name registrants...