Domain Names

Narcotics Traffic Is Not Part of a Healthy Domain System

A stack contrast is emerging within the DNS between providers who tolerate blatantly illegal domain use and those who do not. Our study, just published here focuses on five U.S.-based providers, their policies, and their response to reports of opioid traffic within their registry or registrar. There are many providers, not covered here, who removed hundreds of domains selling opioids and I applaud their efforts.

Healthy Domains Initiative Isn’t Healthy for the Internet

We had high hopes that the Domain Name Association's Healthy Domains Initiative (HDI) wouldn't be just another secretive industry deal between rightsholders and domain name intermediaries. Toward that end, we and other civil society organizations worked in good faith on many fronts to make sure HDI protected Internet users as well. Those efforts seem to have failed.

How to Suspend a .US Domain Name

Although rarely used, the usTLD Rapid Suspension Dispute Policy (usRS) allows a trademark owner to seek the suspension of a domain name in the .us country-code top-level domain (ccTLD). The usRS has many things in common with the Uniform Rapid Suspension System (URS), which applies to domain names in the new generic top-level domains (gTLD).

Websites Are Dead. Long Live Websites.

Remember not very long ago when social media experts were preaching the value of a Facebook page over a website? It was not uncommon to be told to dump your website altogether in favor of a Facebook page and Twitter feed. Why bother with HTML when you could simply hashtag your way to global success? My how times have changed.

Domain Name Association Outlines Healthy Practices as Part of Key Initiative

The domain name system is in good health. But it's about to get even better. The Domain Name Association (DNA), the Internet domain industry's trade association, undertook an effort in 2016 it named the Healthy Domains Initiative (HDI). It's an ambitious, self-motivated effort to build on the DNS' already secure and stable platform and meet select challenges head-on, before they develop.

Next gTLD Round - A Seven Year Itch?

Five years ago today, the ICANN Board committed to opening a second application window for the New gTLD Program as expeditiously as possible. The same resolution also directed the ICANN CEO to publish a document describing the work plan required prior to initiating a second application window. Ask a Board member or ICANN staff when they expect the next application window to open, and they will inevitably suggest 2020 -- another three years away.

Identical or Confusingly Similar to Trademarks but Noninfringing Domain Names

Domain names may be confusingly similar to trademarks or even identical or but not infringing. This is particularly true of trademarks acquired later than the allegedly infringing domain names ArcBest Corporation v. Domains By Proxy, LLC, Registration Private / Vernon Troupe, D2016-2381 (WIPO January 13, 2017) (<arcbest.com>, in which "ark" is a contraction of "Arkansas"), but it can also apply to marks composed of common element that predate domain name registration...

Are Domain Names Contract of Services or Property Rights?

There are several perspectives from which one can give various answers to the question of 'what are domain names?'. Originally the domain name system started and continues to be a human-friendly way of addressing to a set of machines or specific machine connected to the Internet. Hence, from the technical perspective, a domain name is simply an address consisting of a combination of alphanumeric and symbols to communicate with a machine which also happens to be hosting certain services in form of data and information on it.

When a ‘Response Fee’ is Required in a URS Case

Although filing fees in domain name disputes are usually paid for by the trademark owner that files a complaint, the Uniform Rapid Suspension System (URS) contains a little-noticed provision that, in large cases, requires the domain name registrant to pay a fee to defend itself. The so-called "Response Fee" is only required in URS cases that include 15 or more disputed domain names.

When to Consider ‘Both Sides of the Dot’ in a Domain Name Dispute

In the case, filed by Michelin, the panel found the domain name 'tyre.plus' confusingly similar to the trademark TYREPLUS. Specifically, the panel wrote: "If one ignores the 'dot' between the Second-Level Domain ('tyre') and the Top-Level Domain ('plus'), the mark and the Domain Name are identical..." It's an issue that's arising with increasing frequency -- just as I had predicted.