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The long awaited Service Concession Contract to operate the .eu registry was signed yesterday (Oct. 12). Now the European Commission will formally notify ICANN of the selected registry operator allowing official negotiations to commence between EURid and ICANN to have .eu put in the root. According to the press release, registrations could begin in six to nine months... more
To date, end-users (of all levels of technical ability) who are trying to find a good domain name to establish an online identity have been endlessly frustrated by the lack of a method to fairly re-allocate "used" domain names. A full resolution to that problem is a separate (and much bigger) discussion... more
I am writing this note in order to express my concern about an impending change in the root of the Domain Name System (DNS) and two of the largest Top Level Domains (TLDs). I am concerned that there is a risk of disruption to the net that has not been adequately evaluated and I am concerned that this change is being deployed without adequate monitoring or safeguards. more
TLD registrations in the Internet's root-zone file currently are divided into two broad classifications: generic and country-code top-level domains. With respect to the latter classification, no new "strategy" is required to add further ccTLDs as a relatively well-working process is already in place to integrate the occasional new country-code top-level domain. With one of these two classifications under reasonably sound management, it is therefore perfectly understandable to see that the ICANN organization consequently views its obligation to "Define and implement a predictable strategy for selecting new TLDs" as a mandate "to begin the process of allocating and implementing new gTLDs"... the flaw in this conclusion, however, stems from the presumption that the Internet's taxonomy must necessarily contain only the two above-so-mentioned broad classifications. I am proposing a third TLD classification -- based on languages. more
The MOU between the Department of Commerce and ICANN includes a series of specific milestones that the corporation is required to accomplish by certain specified dates. One of the specific requirements placed on ICANN by the agency is to define "a predictable strategy for selecting new TLDs using straightforward, transparent, and objective procedures that preserve the stability of the Internet...." The MOU goes on to state that "(strategy development to be completed by September 30, 2004 and implementation to commence by December 31, 2004)." more
The Noncommercial Users Constituency (NCUC) is the constituency group representing civil society organizations in the formation of domain name policy. In August 2004 it initiated a process to nominate people to serve on the UN Secretary-General's Working Group on Internet Governance, as representatives of civil society. Our purpose was to assist the Secretary-General to identify qualified and widely-supported individuals capable of serving on the WGIG on behalf of civil society. more
Recent attention to the Eighth Circuit decision in Coca-Cola v. Purdy brings to mind the class of sometimes difficult cases involving the use of another's trademark as a domain name for criticism. An ICANN UDRP decision, Full Sail Inc. v. Ryan Spevack, Case No. D2003-0502 (WIPO October 3, 2003), by Mark VB Partridge, presiding panelist, with Frederick M. Abbott and G. Gervaise Davis III, included a review and analysis of the "your trademark sucks.com" cases that remains a useful reference worthy (I hope) of the lengthy quote below. more
Those of you familiar with the American comic series "Peanuts" by the late Charles Schultz may be familiar with the recurring theme of Lucy's football. Lucy holds a football on her toe for Charlie Brown to practice a field goal kick. Charlie Brown realizes that the last 25 times Lucy has held the ball for him to kick, she pulled the ball out of the way at the last minute, causing him to trip and fall. Charlie Brown knows full well that Lucy may not keep the ball in place for him to kick, yet his determination gets him running towards that unlikely opportunity each and every time. more
This proposal outlines the creation of a new market for the efficient disposal of domain names that are about to expire and how Registrants are best included as an integral part of this process. This document does not make any proposals regarding the existing primary or secondary markets for domain names. Further, this proposal is not intended to criticise, condemn or make any declarations about the appropriateness of any particular primary or secondary market business models. more
When domain name conflicts between manufacturers and distributors rest on contractual disputes over the use of the trademark owners' marks, ICANN UDRP panels have frequently denied relief. See generally the cases cited and discussed in Western Holdings, LLC v. JPC Enterprise, LLC d/b/a Cutting Edge Fitness and d/b/a Strivectin SD Sales & Distribution, D2004-0426 (WIPO August 5, 2004) by Mark Partridge as sole panelist. The decision summarizes other ICANN UDRP decisions involving contractual disputes. For instance... more
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