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With GDPR coming into effect this May, it is almost a forgone conclusion that WHOIS as we know it today, will change. Without knowing the full details, how can companies begin to prepare? First and foremost, ensuring that brand protection, security and compliance departments are aware that a change to WHOIS access is on the horizon is an important first step. Just knowing that the ability to uncover domain ownership information is likely to change in the future will help to relieve some of the angst that is likely to occur. more
The defining of rights in the UDRP process is precisely what WIPO and ICANN contemplated, but it is unlikely they foresaw the destination of the jurisprudence. Since its inception, UDRP Panels have adjudicated over 75,000 disputes, some involving multiple domain names. (These numbers, incidentally, are a tiny fraction of the number of registered domain names in legacy and new top-level domains, which exceeded 320 million in the first quarter 2017). more
The way the Internet operates drove a wedge between strings of lexical and numeric characters used as marks and alphanumeric strings used as addresses. Domain names were described by Steve Forbes in a 2007 press release as virtual real estate. It is, he said, analogous to the market in real property: "Internet traffic and domains are the prime real estate of the 21st century." more
Unicode's goal, which it meets quite well, is that whatever text you want to represent in whatever language, dead or alive, Unicode can represent the characters or symbols it uses. Any computer with a set of Unicode typefaces and suitable layout software can display that text. In effect, Unicode is primarily a typesetting language. Over in the domain name system, we also use Unicode to represent non-ASCII identifiers. That turns out to be a problem because an identifier needs a unique form, something that doesn't matter for typesetting. more
Before the Internet, the sole competition for strings of characters employable as marks was other businesses vying to use the same strings for their own products and services. National registries solved this competition by allowing businesses in different channels of commerce to register the same strings but prohibiting competitors in the same industries from using identical or confusingly similar marks on the grounds that they were likely (at best) to create confusion and (at worst) to deceive the public. more
On January 24, 2018, ICANN's Business Constituency (BC) and Intellectual Property Constituency (IPC) co-hosted an event to discuss the EU's General Data Protection Regulation (GDPR) and its implications on access to the WHOIS database. ICANN's CEO and General Counsel joined the discussion, as did stakeholders from across the ICANN community. The event was timely and well attended with over 200 participants attending in-person or virtually. more
I am a student of life, learning one hard lesson at a time. In fact, I actually dropped out of my last year of college to start a tech company in a new space called the internet. I was an entrepreneur running an online service prior to the advent of the world wide web in 1992, back when Pine, Usenet, and Gopher ruled the information superhighway. Over the last 25 years, I have learned a great deal about technology adoption cycles by launching six internet companies, each at the forefront of a new technology wave. more
The Trademark Act of 1946 defines trademarks and service marks to include "any word, name, symbol, or device, or any combination thereof." Marks composed of lexical and numeric elements (as opposed to images) also can be described as strings of characters. Before the Internet there was no commercial use of such strings other than as marks, but the functionality of the Internet depends on strings of lexical and numeric characters in the form of domain names that serve as electronic addresses. more
The typical daily accounting of decisions filed in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) may include an award or two dismissing complaints (three is particularly noteworthy: weddingfleamarket.com, dme.com, and scheduleflow.com from the Forum for January 20, 2018), but overwhelmingly complaints are granted not dismissed. Let us imagine a trademark or service mark that is neither a dictionary word nor composed of common combinations, would anyone be surprised when the Panel rules in Complainant's favor? more
It is safe to say that 2017 was a turbulent year in more ways than one. There was the ongoing clash between WHOIS information and user privacy, the hope that top-level domains would finally take off and multiple hacks of large corporations that reignited talks about cybersecurity. While many of these topics are essential and will likely resurface again in the coming year, it is also important to look back at 2017 through unambiguous data. more
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