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A recent case1 from a federal court in Kentucky shows why the Anticybersquatting Consumer Protection Act (15 U.S.C. 1125(d) - the "ACPA") can be - when compared to the Uniform Domain Name Dispute Resolution Policy ("UDRP") - a relatively inefficient way of resolving a domain name dispute. Here is a quick rundown of the facts. Defendant owned a business directly competitive to plaintiff ServPro. Plaintiff had used its mark and trade dress since the 1960's... more
At the start of the year, many responsible for managing domain name portfolios may be considering spring cleaning! Traditionally, such a task consists of a review to check that all domains in the portfolio serve a purpose either from a commercial or defensive perspective. The aim is to ensure budget isn't wasted on domains of little to no value. It's fair to say that for many organizations, this is a difficult process - almost as feared as actually spring cleaning our own homes. more
Trademark owners in the U.S. have a choice in suing for alleged cybersquatting: either the Uniform Domain Name Dispute Resolution Policy (UDRP) or the Anticybersquatting Consumer Protection Act (ACPA). Of the two, the UDRP is far and away the forum of choice for a very good reason: it is speedy, efficient, and inexpensive. Complaint to award can be concluded in less than 45 days. more
With the COVID-19 health crisis evolving so quickly, it's hard to predict the extent of the long-term impact on business and the economy. While every business sector is facing different considerations, it's safe to say all are handling challenges from supply chain interruptions, rapid shifts to remote work, and massive changes in consumer spending and communication habits. more
Straightforward out-of-court domain name proceeding can provide efficient relief against fraudulent websites and email. Google has seen a steep rise amid the Coronavirus pandemic in new websites set up to engage in phishing (i.e. fraudulent attempts to obtain sensitive information such as usernames, passwords and financial details). Companies in all industries - not just the financial sector - are at risk from this nefarious practice. But one relatively simple out-of-court proceeding may provide relief. more
We are all aware of the steps for mitigating the spread of the novel coronavirus (COVID-19): Wash your hands; Practice social distancing; Report exposure.But these are not the only activities to practice right now. Cyber-criminals are taking advantage of this health crisis and the emotional upheaval it creates to perpetrate their crimes. Therefore, we also need to exercise good internet hygiene. In a time of crisis or tragedy, bad actors don't slow down; their efforts amplify. more
This past meeting of the Internet Corporation for Assigned Names and Numbers (ICANN), ICANN67, was intended to be held in person in Cancun, Mexico, but was actually the first meeting to be held entirely online and virtually. It was a well-managed affair with fewer sessions than the in-person meetings and less opportunity for the community to convene and meet as individuals. The last-minute change from an in-person to a virtual meeting impacted ICANN's ability to provide translation services for the full set of UN-supported languages, Arabic, Chinese, English, French, Russian, and Spanish. more
The Internet Corporation for Assigned Names and Numbers (ICANN) and Public Interest Registry (PIR) today announced that they have mutually agreed to extend ICANN's time to review PIR's submissions to April 20th. more
Recently, there were news articles about a large software provider who experienced a global outage due to an expired digital certificate - and this is not the first time this kind of issue has hit the news. Digital certificate outages, when an organization forgets to replace an expiring certificate for a business-critical domain name, continues to cause business disruption and security risks. more
Ethos CEO Erik Brooks and I are grateful to ICANN for hosting this important community dialogue on the future of PIR and .ORG earlier this week, and we listened intently to the questions posed. To echo what John Jeffrey said in his opening remarks, we are very interested in the community's input. We appreciate the openness and candor that was expressed during the Public Forum, and we would like to take this opportunity to recap a few of the overarching themes and questions asked. more
ICANN is reviewing the Internet Society's proposed sale of Public Interest Registry, the .ORG registry operator, to private equity firm Ethos Capital. ICANN effectively has the power to stop the sale by terminating PIR's Registry Agreement. The Electronic Frontier Foundation, NTEN, Consumer Reports, Americans for Financial Reform and several other organizations joined Monday's Public Forum at ICANN67 to ask questions about how ICANN plans to review the change of control of the .ORG registry... more
People are growing increasingly alarmed by recent examples of bad actors abusing proxy services offered by registrars. While proxy services are designed to protect the privacy of legitimate domain name users - they do the opposite when abused by cybercriminals. Responsible Proxy providers play a key role in mitigating abuse. When they don't act responsibly - it's clear they contribute to the problem. more
The .ORG Stewardship Council is, in a lot of ways, a natural progression or evolution from our current PIR Advisory Council. The Advisory Council is made up of independent .ORG community members from around the world that provide advice to PIR on policy issues affecting them. The "AC," or the Advisory Council, has been a key part of PIR's work since its inception. more
In direct response to the enormous interest and input we have seen from the .ORG community over the past several months, Ethos and Public Interest Registry (PIR) have made tremendous strides in laying out our collective vision for .ORG and put forth unprecedented commitments and protections for the .ORG community. Over the last two weeks, in particular, we have taken concrete actions to better align the community's interests with the operations of PIR and .ORG. more
Mr. Arif Ali, a lawyer with Dechert who is very familiar with ICANN governance and has represented numerous parties in ICANN related matters, wrote an extraordinarily detailed and comprehensive critique of the LOI and of Amendment 3. Mr. Ali noted that two of ICANN's most important obligations are to operate for the benefit of the Internet community as a whole and to enable competition and open entry in Internet-related markets, and that the proposed price hikes do not support these obligations... more
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