Domain Names

Work in Progress: Preparing the Next Round of New gTLDs

There are now more than a thousand new Internet suffixes alongside "the originals" (not talking vampires here, but rather .COM et al). These additional web address endings are called "new gTLDs". Since Internet technical coordinator ICANN's 2012 call for applications for the creation of new gTLDs, and their roll-out starting in 2014 when suffixes such as .BARCLAYS (brand TLD), .NYC (geo TLD) and .SKI (generic TLD) became active, the question of another round of applications has been asked repeatedly.

Healthy Domains Revisited: The Pharmaceutical Industry

Users scored an exciting victory over copyright-based censorship last month, when the Domain Name Association (DNA) and the Public Interest Registry (PIR), in response to criticism from EFF, both abruptly withdrew their proposals for a new compulsory arbitration system to confiscate domain names of websites accused of copyright infringement. But copyright enforcement was only one limb of the the DNA's set of Registry/Registrar Healthy Practices.

Notice, Takedown, Borders, and Scale

I was on the front lines of the SOPA wars, because SOPA touched on two matters of strong personal and professional importance for me: protecting the Internet infrastructure, and protecting the economy from Internet related crime. I've continued to study this field and advise industry participants in the years since then. The 2017-02-20 paper by Annemarie Bridy entitled Notice and Takedown in the Domain Name System: ICANN's Ambivalent Drift into Online Content Regulation deserves an answer, which I shall attempt here.

Diversity of View or Unacceptable Inconsistency in the Application of UDRP Law

The general run of Uniform Domain Name Resolution Policy (UDRP) decisions are unremarkable. At their least, they are primarily instructive in establishing the metes and bounds of lawful registration of domain names. A few decisions stand out for their acuity of reasoning and a few others for their lack of it. The latest candidate of the latter class is NSK LTD. v. Li shuo, FA170100 1712449 (Forum February 16, 2017)... It is an example of inconsistency in the application of law.

When Two Trademarks Aren’t Confusingly Similar to One Trademark

As I've written before, domain name disputes involving multiple trademarks sometimes raise interesting issues, including whether a panel can order a domain name transferred to one entity without consent of the other. While panels typically have found ways to resolve this issue, one particularly troubling fact pattern arises when a panel denies a complaint simply because a disputed domain name contains trademarks owned by two different entities.

At the NCPH Intersessional, Compliance Concerns Take Centre Stage

The non-contracted parties of the ICANN community met in Reykjavík last week for their annual intersessional meeting, where at the top of the agenda were calls for more transparency, operational consistency, and procedural fairness in how ICANN ensures contractual compliance. ICANN, as a quasi-private cooperative, derives its legitimacy from its ability to enforce its contracts with domain name registries and registrars...

Could a Vanity URL Strategy with Your .Brand Be the Key to Supercharging Your SEO?

I feel incredibly lucky to work every day with some of the biggest, most recognised and most innovative organisations from around the world on developing strategies for their .brand TLDs. In this capacity, I also have the privilege to meet some of the most knowledgeable and forward-thinking experts in branding, digital marketing, web development and technology, to name a few. One such person is the brilliantly talented Matt Dorville.

Timing Is All: Cybersquatting or Mark Owner Overreaching?

Admittedly, timing is not altogether "all" since there's a palette of factors that go into deciding unlawful registrations of domain names, and a decision as to whether a registrant is cybersquatting or a mark owner overreaching, is likely to include a number of them, but timing is nevertheless fundamental in determining the outcome. Was the mark in existence before the domain name was registered? Is complainant relying on an unregistered mark? What was complainant's reputation when the domain name was registered? What proof does complainant have that registrant had knowledge of its mark? Simply to have a mark is not conclusive of a right to the domain name.

Market Flatlines After ICANN Introduces New gTLDs

The choices for consumers and business in Europe to get themselves online have never been so great. Social media, apps and blogsites all have made a lasting impression, and we are now in an increasingly crowded market with the addition of hundreds of new gTLDs. So how has all this affected growth and market shares among domain names in Europe?

Thoughts on the Proposed Copyright Alternative Dispute Resolution Policy

A proposal from the Domain Name Association (DNA) would provide copyright owners with a new tool to fight online infringement -- but the idea is, like other efforts to protect intellectual property rights on the Internet, proving controversial. The proposed Copyright Alternative Dispute Resolution Policy is one of four parts of the DNA's "Healthy Domains Initiative" (HDI).