Domain Names

ICANN Responsible for Domain Name Trademark Mess

It is ICANN's responsibility to make sure domain names do not infringe on trademarks. To determine infringement, ICANN should rely in the short term on predictive models. Thus, domain name and trademark owners must start putting pressure on ICANN to assume its trademark responsibility.

Whois Masking Considered Harmful

Whenever you register a domain name, your contact details are published in a publicly visible database called "Whois", where your contact details are instantly harvested by spambots and marketers who proceed to email and postal mail you marketing offers, deceptive "domain slamming" attempts, ads for dubious products, and perhaps even telemarketing calls. Nobody likes that, so over the years people started resorting to various tactics to protect themselves from the deluge of crap that inevitably comes with simply registering a domain name...

Predicting Domain Name Trademark Infringement

Legal trademark issues related to domain names will take a long time to resolve. Meanwhile, using a statistical model to determine infringement benefits all parties. The legal system has not yet established comprehensive and easy to understand rules under which a domain name is considered to infringe on a third party's trademark. The vacuum allows trademark owners and their agents, such as the Coalition Against Domain Name Abuse (CADNA), to sue domain name owners pretty much at will, but doing so is not always in the best interest of trademark holders.

ICANN Must Address Domain Tasting Ripple Effects

A registrar who also engages in domain tasting can inadvertently create ripple effects throughout the domain name industry. Thus, domain name owners must exert pressure on ICANN to reduce this risk. We are now experiencing ripple effects from the subprime market and its repercussions on related markets. ...there can be a problem when registrar functions and domain tasting are conducted by the same entity. Unmonitored coupling of seemingly unrelated markets can be devastating to our industry.

ICANN: Termination of Registrar EstDomains to Go Ahead

The termination of ICANN-accredited registrar EstDomains is to go ahead, effective 24 November 2008. On 28 October 2008, ICANN sent a notice of termination to EstDomains, Inc. based on an Estonian Court record reflecting the conviction of EstDomains' then president, Vladimir Tsastsin, of credit card fraud, money laundering and document forgery. Pursuant to Section 5.3 of the Registrar Accreditation Agreement (RAA), ICANN may terminate the RAA before its expiration when, "Any officer or director of [a] Registrar is convicted of a felony or of a misdemeanor related to financial activities..."

Domain Registrar Hide and Seek

In the past year ICANN has been putting a lot more effort into its compliance activities, which is a good thing, since the previous level was, ah, exiguous. That's the good news. The bad news is that while they're paying more attention to misbehaving registrants, the registrars, gatekeepers to the world of domains, have serious issues that ICANN has yet to address.

In Response to CADNA: Cybersquatting is Not Criminal But a Civil Matter

The Coalition Against Domain Name Abuse (CADNA) recently released a statement that implied that cybersquatting is a criminal activity. It said, "CADNA has been working diligently to further international and national policies that combat the practice of cybersquatting... As brands continue to learn about the prevalence and practice of online criminal activities..." While, Internet Commerce Association (ICA) vigorously opposes cybersquatting, it is important to note that cybersquatting is a civil matter, not a criminal one. There is a good reason that cybersquatting is a civil matter...

ICA Anti-Phishing Victory Might Be a Curse!

A triumph by the Internet Commerce Association (ICA) over tactics and legislation detrimental to domain name owners might end up being a case of winner's curse, a triumph bought at the expense of the industry. In picking this one battle to win, the association ignores a broader war, the range of issues our industry needs to address.

What’s Going on at ICANN in Cairo

Following up on the big decision at the Paris ICANN meeting in June to make new Top-Level Domains available, there's lots of activity at the ICANN conference in Cairo, Egypt this week. A few of the hot topics of discussion that we are following are the applications process for new generic Top-Level Domains (gTLDs), Registry/Registrar Cross Ownership, and restructuring of the ICANN Board.

Domain Slammers Go Phishing

ICANN introduced a requirement for domain name registrars to send out annual notices to all their customers (registrants) to check the Whois on their domain names to ensure the information is correct. While this seemed fairly reasonable (if cumbersome), the fact is it confuses the heck out of people -- and creates a whole lot of confusion for registrants. But that was a problem we could deal with. Fast-forward to October, 2008...