Domain Names

Why Registry Service Providers Should be Accredited by ICANN

The merits of a Registry Service Provider accreditation programs have been debated across the Domain Industry since the most recent round of Domain Name Registries were introduced starting in 2012. This post discusses the early reasoning in support of an accreditation program; changes in the policy considerations between 2012 and now; the effects of competition on the landscape; a suggestion for how such a program might be implemented; and why such a program should be introduced now.

Losing and Reclaiming Domain Names

For registrants who are not trademark owners losing their domain names can be an irretrievable loss; and for trademark owners, perhaps not irretrievable but fraught with uncertainties of recovery. ICANN attempted to solve the problem of inadvertent lapses of registration in the Expired Registration Recovery Policy (ERRP) and its companion the Expired Domain Name Deletion Policy (EDNDP), implemented in 2013.

Many .COM Domain Names with Same Keywords as Premium New gTLDs are Available for Registration

Earlier this month, Andrew Allemann wrote a post on notable NameJet sales in which he discusses the sale of PropertyRehab.com for $2,400 as "a perfect example of how wrong some domain registries are on their premium pricing." He mentions that the registry operator for the .rehab new generic top-level domain (new gTLD), has marked property.rehab as a platinum domain name and asks: "Why would someone pay thousands (or tens of thousands) a year for Property.rehab when they could buy PropertyRehab.com for just $2,400?"

Astronomical Increases in Domain Names: Low Constancy of Abusive Registrations

When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999, the number of registered domain names were in the low eight digits. Registered domain names passed the first million in 1997. Today, they are in the first third of nine digits, and continuing to grow. In its newly released publication gTLD Marketplace Health Index (Beta) (July 21, 2016) ICANN offers through a couple dozen metrics a picture of the multiple parts that corporately go into making a healthy marketplace. It's "Beta" because the Health Index is a work in progress.

‘Pokemon’ Domain Names are a No-Go

The legal issues surrounding the sudden success of "Pokemon Go" -- one of the world's fastest-growing apps or games -- are popping up as quickly as unhatched Eggs at a PokéStop. Within days of the game's release, the National Safety Council issued a call that "urges pedestrians to exercise caution while playing the Pokémon Go augmented reality game" and "implores drivers to refrain from playing the game behind the wheel."

Fair Use Incorporating Trademarks in Domain Names

The paragraph 4(c)(iii) safe harbors of the Uniform Domain Name Dispute Resolution Policy are construed from a five word phrase, "legitimate noncommercial or fair use." "Noncommercial" like "identical" in paragraph 4(a)(i) has a defined meaning; it does not include domain names inactively held (for any alleged purpose), although non-use is not necessarily fatal to rights or legitimate interests. "Fair use" has a larger canvass; it includes nominative (commercial) use that is fair and Constitutionally protected speech.

New Top Level Domain Industry First Half 2016 Analysis & Insights (Infographic)

This post provides an overview from The First Half of 2016 infographic, reflecting on some of the intriguing highlights of the new gTLD industry. The data analyzed within the infographic is based on the following: Revenues are based on the average retail price over four registrars (101domain, eNom, GoDaddy and United Domains) at the end of June 2016; Top three TLDs launched in 2016 are based on TLDs entering into General Availability after January 1st and based on volumes and not revenues ...

Domain Names Identical to Trademarks But No Likelihood of Confusion

Confusion is a basic element in both cybersquatting and trademark infringement. It appears twice in the UDRP; once in paragraph 4(a)(i) in the adjectival phrase "confusing similarity", and once in paragraph 4(b)(iv) in the phrase "likelihood of confusion." Each use of the distinctive phrases is directed to a different observer. More of this in a moment. The first relates to standing; the second to infringement. Unless a party has standing it can have no actionable claim.

eco to Address the Impact of Brexit on the Domain Industry

eco, which is the largest internet industry association in Europe, is holding a virtual meeting later this month to discuss Brexit. The meeting, which is scheduled for July 27th at 1200 UTC, will be the first of several dialogues among industry to discuss the potential impact of the UK's exit from the EU on the domain name industry. As I mentioned in a recent post, the exit of the UK from the EU has an "unknown" impact on how domain name registries and registrars will interact with UK based registrants.

Cyber Infringement of Trademarks by Typosquatting

A fabled, serial cybersquatter of the early Internet argued that typographical errors in domain names were not cybersquatting at all because they had their own distinct identities. Moreover, "I have" (he argued) "just as much right to own the [misspelled] Domain Names as the person who owns the correct spelling of [a] domain name." That dispute involved and <wallstreet journel.com>. Dow Jones & Company, Inc. and Dow Jones LP v. John Zuccarini, D2000-0578 (WIPO September 10, 2000).