Domain Names

The Emergence of Consensus in the UDRP

The modus operandi of the Internet Corporation for Assigned Names and Numbers (ICANN) is achieving consensus. This also holds true for the principal rights protection mechanism that emerged from a two-year round of debates organized by the World Intellectual Property Organization (WIPO) that ICANN implemented in 1999 as the Uniform Domain Name Dispute Resolution Policy (UDRP). Consensus rules; not precedent, although consensus inevitably becomes that.

Another Registrant Loses UDRP Where Trademark ‘Spans the Dot’

Here's another example of a domain name dispute where the top-level domain (TLD) was essential to the outcome of the case -- because it formed a part of the complainant's trademark: mr.green. In this decision under the Uniform Domain Name Dispute Resolution Policy (UDRP), the panel joined a short but (slowly) growing list of disputes in which the TLD plays a vital role.

New Report Uses Media Impressions as a Measure for New TLD Usage and Success

With so many new domain extensions now available in the online space, it is very hard to measure the success of an individual TLD (Top Level Domain). There have been various methods used, such as total domain registration count, hosted live sites in the Alexa top-million, premium domain sales, aftermarket value, etc. Many of these metrics do help in understanding a new extension's progress, however, top-line registrations alone do not tell a complete story.

The Top 10 .Brand Moments of 2017

Each year in December, I sit down and take a moment to reflect on how the .brands space has progressed in the previous 12 months. Most folks will understand that starting a movement to create the next evolution of the internet with 'digital superbrands' was a little slow at first. Slowly but surely, that has started to change and especially in 2016, it really felt like people were starting to 'get it' -- both in terms of brands themselves, and the media and consumers.

So, You Claim to Have an Unregistered Mark! Is there Cybersquatting?

Complainants have standing to proceed with a claim of cybersquatting under the Uniform Domain Name Dispute Resolution Policy (UDRP) if the accused "domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights" (4(a)(i) of the Policy). Quickly within the first full year of the Policy's implementation (2000) Panels construed "rights" to include unregistered as well as registered marks, a construction swiftly adopted by consensus.

‘Combosquatting’: New Attention for an Old Problem

A study (18-page PDF) from researchers at Georgia Tech and Stony Brook University has attracted attention to what it calls "combosquatting," but the practice has been around since the early days of domain name disputes. The study says combosquatting "refers to the combination of a recognizable brand name with other keywords (e.g., paypal-members.com and facebookfriends.com)." It adds that this practice differs from other types of cybersquatting "in two fundamental ways.

GDPR: Registries to Become Technical Administrators Only?

On 11 December 2017, about 25 participants from Europe and the US attended the public consultation for the brand new GDPR Domain Industry Playbook by eco (Association of the Internet Industry, based in Germany) at the representation of the German federal state Lower Saxony to the European Union in Brussels. The General Data Protection Regulation (GDPR) poses a challenge for the Registries, Registrars, Resellers and ICANN.

WHOIS: How Could I Have Been So Blind?

A colleague was recently commenting on an article by Michele Neylon "European Data Protection Authorities Send Clear Message to ICANN" citing the EU Data Commissioners of the Article 29 Working Party, the grouping a determinate factor In the impending death of WHOIS. He is on point when he said: What the European Data Protection authorities have not yet put together is that the protection of people's mental integrity on the Internet is not solely due to the action of law enforcement...

Eliminating Access to WHOIS - Bad for All Stakeholders

Steeped deep in discussions around the European Union's General Data Protection Regulation (GDPR) for the past several months, it has occurred to me that I've been answering the same question for over a decade: "What happens if WHOIS data is not accessible?" One of the answers has been and remains the same: People will likely sue and serve a lot of subpoenas. This may seem extreme, and some will write this off as mere hyperbole, but the truth is that the need for WHOIS data to address domain name matters will not disappear.

2017 Domain Name Year in Review

Given that it's been a few years since my last domain name year in review, I've really enjoyed looking back at this year's biggest domain name stories and seeing how this industry has evolved. This year, in particular, has seen some notable changes which are likely to impact the domain name landscape for years to come. So without further ado, here is my list for 2017.