Domain Names

Parsing Predatory and Parasitical from Innocent and Good Faith Domain Name Registrants

When the World Intellectual Property Organization began deliberating in 1998 and 1999 about creating an arbitral regime that the Internet Corporation for Assigned Names and Numbers transformed into the Uniform Domain Name Dispute Resolution Policy the curse words of choice were "predators" and "parasites" to describe cybersquatters. (In an early UDRP decision a Respondent who had also featured as a defendant in a trademark case asserted he had "just as much right to own the Domain Names [with typographic variations of the mark] as the person who owns the correct spelling of [the mark]"

Facebook vs. Domain Names: Lessons from Cambridge Analytica

The current revelations about Cambridge Analytica's use of Facebook data illustrate an important drawback to using a Facebook account as your business' online presence: Facebook knows and sells your customers! Millions of companies - especially small companies and start-ups - rely on a Facebook account for their online presence. On the surface, it seems like a great idea...

ICANN IPC & BC to Host Cross-Community Call on Accreditation/Access Model for Non-Public WHOIS Data

The ICANN Intellectual Property Constituency (IPC) and Business Constituency (BC) will be hosting a community-wide discussion regarding the proposed accreditation and access model for non-public WHOIS data, which was first circulated to the community during ICANN 61. The discussion will take place via ICANN-supported remote participation and/or audio bridge this Friday, April 6, 2018, from 1400-1600 UTC.

ICANN Cannot Expect the DPAs to Re-Design WHOIS, but Asking for a Reprieve Makes Sense

We are on the brink of the most serious threat to the open and public Internet for decades. ICANN, under pressure from domain name registrars and EU data protection authorities, has proposed an "interim" plan that will hide critical information in WHOIS. Security, threat intelligence, and anti-abuse professionals rely on WHOIS to track down bad guys and keep the Internet as safe and secure as possible.

European Commission Killing Off Thousands of EU Domains Due to Brexit

After the Brexit vote, I wrote that there could be an impact on EU registrants based in the UK. Over the past year, the UK government has been engaged in negotiations with the EU to navigate the application of Article 50 and the UK's exit from the European Union. While there has been a lot of focus on issues like the customs union and the border between Ireland and Northern Ireland, the eventual departure of the UK from the EU will have a tangible impact on the European digital economy.

Leveraging Trademark Data to Drive Domain Name Strategy

For years, corporate domain name portfolio managers have struggled with determining whether or not their portfolios were the "right" size. Managers of mature domain name portfolios have often felt that their portfolios were bloated, containing domains that were no longer needed. Conversely, domain managers of newer portfolios have sometimes known that gaps existed. Regardless, the question remains -- just how many domains should a corporate portfolio contain?

Using Your domain Name in China

At Gandi, we offer over 750 TLD's right now (probably the one with the most coverage in the industry) so we often see changes in policy first hand. One of these changes was the introduction of new laws in China and regulations by the MIIT (China’s Ministry of Industry and Information Technology) in late 2017. We updated our customers on these new regulations to hopefully avoid some confusion, and I'd like to share them here as well.

Accreditation & Access Model For Non-Public Whois Data

In the current debate over the balance between privacy and Internet safety and security, one of the unanswered questions is: "How will those responsible for protecting the public interest gain access to the non-public data in the WHOIS databases post General Data Protection Regulation (GDPR)?" In an attempt to prevent WHOIS data from going "dark," several community members have been working for the past weeks to create a model that could be used to accredit users and enable access to the non-public WHOIS data.

Tracking the Line that Separates Cybersquatting from Trademark Infringement

The Uniform Domain Name Dispute Resolution Policy (UDRP) is a rights protection mechanism crafted by the World Intellectual Property Organization (WIPO) and adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) for trademark owners to challenge the lawfulness of domain name registrations. Cybersquatting or abusive registration is a lesser included tort of trademark infringement, and although the UDRP forum is not a trademark court, as such, in some ways it is since it empowers (assuming the right alignment of facts) to divest registrants of domain names that infringe a complainant's trademark rights.

Changes to the Domain Name Marketplace

The new gTLD program and the introduction of 1200+ new domain name registries has significantly altered the marketplace dynamics. New domain name registries must navigate an environment that is, to an extent, stacked against them. This article recommends creation of some improvements and a general de-regulation of the marketplace to encourage innovation and promote its overall health. ICANN, or a combination of Registry Operators, should fund a brief, thorough study of the current marketplace because of the changes that have occurred from the original marketplace for which current regulations were developed.