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In passing the baton for combating cybersquatting to the Internet Corporation for Assigned Names and Numbers (ICANN) the World Intellectual Property Organization (WIPO) recommended that "claims under the administrative procedure [should not] be subject to a time limitation" (Final Report, Paragraph 199). ICANN agreed and the UDRP contains no limitation period for making a claim. The absence of a limitation period does not necessarily forego applying equitable defenses for delay, but the consensus of Panels appointed to decide disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) is that they are not applicable in countering cybersquatting claims. more
Did you know about these new domain name extensions which focus on wellness, wealth and ego? Well, I listed them and there is an interesting one... which really is unique... Many want to be famous and some industries should have a look at this list of extensions since they are keywords dedicated to very powerful industries: Gold and Diamonds, for example, have their own new gTLD for domain names ending in ".gold" and ".diamonds". more
Challenging UDRP awards in actions under the Anticybersquatting Consumer Protection Act (ACPA) is infrequent though steady. There are currently a number of court filings in U.S. district courts that are in the early stages, most notably the ADO.com case reported on in an earlier essay and several others have either been referred to mediation (the IMI.case) or settled or discontinued. more
The two major providers of arbitration services for adjudicating cybersquatting complaints under the Uniform Domain Name Dispute Resolution Policy (UDRP), the World Intellectual Property Organization (WIPO) and Forum, issue daily lists of decisions. In approximately 90% of those disputes, the registrations cannot be described as anything less than mischievous in acquiring second level domains incorporating well-known or famous marks. more
What is the intrinsic (as opposed to trademark) value of short string domain names? It depends, of course. Rights holders have been willing to challenge domain name registrants even if they have no actionable claim for cybersquatting... UDRP Panels have over the years, and in many cases, affirmed that short strings are "inherently valuable in themselves precisely because they are (a) short and (b) can reflect a wide range of different uses." This does not mean it is open season against rights holders for short strings, but it does mean the facts and proof of cybersquatting must be in proper alignment, and this calls for some sober thinking about the evidentiary demands of the Uniform Domain Name Dispute Resolution Policy (UDRP). more
Veteran domain investor Abner Duarte from PremiumDomains.com.br is featuring a new event called Domaining Americas, to be held in Rio de Janeiro, Brazil, in October 2018. He is puting together a major domain conference for South America. The debut edition of Domaining Americas will be held at the five-star Grand Hyatt Rio De Janiero on Saturday and Sunday, October 6-7, 2018. more
Neustar Inc. today announced that its Board of Directors have appointed Charles Gottdiener as President and Chief Executive Officer, effective immediately. more
In the ICANN realm, TechOps stands for Technical and Operations and its goal is to simplify processes, to find solutions, and to advise on technical and operational matters. There are three TechOps groups: The Registry, the Registrar and the joint Registry and Registrar, also known as Contracted Party House (CPH). How did we get there and what exactly are we doing? more
This is an interview with Cyril Fremont, the first French entrepreneur to have acquired a new generic Top-Level Domain (gTLD). We long waited for innovation in the new gTLD industry and reading between the lines of this interview, one will understand that the reason behind this acquisition is "not" to sell domain names - the way registries do it in 2018. If ".Best" domains remain open to all here, this registry is planning to create innovative projects that will be launched in the near future with some possibly big surprises. more
"Former ICANN senior vice president Kurt Pritz is expected to be named chair of the group tasked with reforming Whois in the post-GDPR world," reports Kevin Murphy in Domain Incite. more
Domain Name Commission Limited ("DNCL"), New Zealand's overseer for the country's .NZ domain, has filed a lawsuit against the domain name service company DomainTools. more
The AntiPhishing Working Group (APWG) in a letter to ICANN has expressed concern that the redaction of the WHOIS data as defined by GDPR for all domains is "over-prescriptive". more
In a letter to ICANN, the chair of the European Data Protection Board (EDPB) makes it plain that even the organization's "interim" plan is fundamentally flawed, reports Kieren McCarthy in the Register. more
The lexicon of domain names consists of letters, words, numbers, dots, and dashes. When the characters correspond in whole (identical) or in part (confusingly similar) to trademarks or service marks and their registrations postdate the first use of marks in commerce registrants become challengeable under the Uniform Domain Name Dispute Resolution Policy (UDRP) as cybersquatters. more
What we call a "backend registry" is the mandatory technical platform to operate a domain name extension and all registries have one. It is the backend registry that allows accredited registrars to technically sell domain names for each top-level domain (TLD). The question here is: what happens to a registry, who sells domain names to accredited registrars when his backend registry solution provider is too expensive? more
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