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This past Monday, as ICANN65 was beginning in Marrakesh, the technical review blog Review Signal published a detailed expose, "The Case for Regulatory Capture of ICANN" authored by site founder and "geek-in-charge" Kevin Ohashi. The post was clearly the product of extensive investigative reporting – and what it reveals is deeply disturbing. more
The Internet has provided an unprecedented number of opportunities while raising far-reaching legal issues. It has created a complex matrix of national laws, global circumstances and new definitions -- or, at least, definitions in progress. The turmoil over Brexit and the international implications of the EU General Data Protection Regulation are signs of the times; as are issues surrounding domain names. more
In a trademark context, who owns or controls, or would prevent others, from using words and phrases commonly available to speakers in a language community, is in persistent tension. While common words alone or combined may become protected from infringing uses under trademark law, their protection is contingent on factors such as linguistic choices and strength or weakness of marks in the marketplace. more
For those of us in the domain name industry, it's clear that security threats and the way we track, report, and mitigate them has been a topic of increased discussion and focus in recent months. As we prepare to come together as a community again at the next ICANN public meeting in Marrakech, many of us will look to continue these conversations, as there is no doubt it is a topic of importance, relevance and urgency for our community at this time. more
You might not understand how crypto-currencies or blockchain wallets work, but Facebook's announcement this week is a clear signal that these new technologies will soon become ubiquitous. Facebook's introduction of its own crypto-currency to its 2 billion users means mass adoption of crypto-currencies and digital wallets are on the horizon. This has implications that trademark owners need to be aware of. more
As we move further into the summer months and the demands made upon domain professionals typically ease, now is the ideal time to review domain name portfolios. And technology solutions can greatly automate this process. Ensuring that portfolios are pared, appropriate levels of security are implemented, and domains point to relevant content are all key areas upon which to focus. more
A new publication of Afnic deals with the overall trends of the Domain Name market in 2018. The publication of ICANN statistics as at the end of last year allows a quantified assessment of 2018, a period of moderate upswing after the "set-down" of 2017. The data on which this study is based come from ICANN reports from information provided by registries in certain frameworks. more
The exposed areas needing improvement by ICANN - both the organization as well as its global community of stakeholders - provide a target-rich environment. In the nearly three years since the completion of the transition of the Internet Assigned Names Authority (IANA), ICANN has persistently sought to drive top-down dictatorial policymaking; to shroud its activities and decision-making from public view; and, to evade accountability -- in some cases even doubling down on its efforts. more
The Complainant is the owner of the well-known Coachella festival. It owns a trademark registration, issued in 2016, for the mark CHELLA. The Respondent asserted that he intended to use the disputed domain name to set up an online women's clothing store but never did so. He claimed that growing up, his nickname was "Chelle" and that he modified that name to make it sound more feminine for use in connection with the store. more
The presidents of Peru, Colombia, Ecuador and Bolivia have criticized the recent ICANN decision to grant global retailer Amazon the rights to the .amazon top-level domain. more
DNS Operations, Analysis, and Research Center (DNS-OARC) held its 30th meeting in Bangkok on the 12th and 13th May. Here's what attracted my interest from two full days of DNS presentations and conversations, together with a summary of the other material that was presented at this workshop. Some Bad News for DANE (and DNSSEC): For many years the Domain Name X509 certification system, or WebPKI, has been the weak point of Internet security... more
There is always some degree of confusion in discussions about the "new TLDs". Some points of view try to be optimistic, others on the contrary only highlight the bad news, and most refer indistinctly to the "new TLDs" as if they did not break down into different segments, each of which obeys dynamics and constraints of its own. The purpose of this post is to provide some food for thought and to shed some light on those dynamics and constraints... more
The operator of the .ORG top-level domain, Public Interest Registry (PIR), issued a statement assuring its community of registrants that it "not raise prices unreasonably." Also, it has no specific plans for any price increases. more
Trademark owners (and here I'm talking about those with U.S. registrations even if they are foreign entities) have a choice of forum for challenging alleged cybersquatting domain names. They can either sue in district court under the ACPA, or get a quicker and less expensive result by filing a complaint and asserting a claim under the UDRP. But to get to a quicker and less expensive result everything about the process is accelerated, and this begins with drafting the complaint. more
In a joint letter sent to ICANN on Monday, a group of non-profit organizations has opposed the removal of price caps in the .org Registry Agreement. more
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