Domain Names

Trademarks and Domain Names Composed of Common Terms

The lexical material from which trademarks are formed is drawn from the same social and cultural resources available to everyone else, which includes domain name registrants. Since trademarks are essentially a form of communication, it is unsurprising that a good number of them are composed of common terms (dictionary words, descriptive phrases, and shared expressions) that others may lawfully use for their own purposes. more

How Long Does a URS Case Take?

The Uniform Rapid Suspension System (URS) -- which allows a trademark owner to suspend certain domain names, especially those in the "new" gTLDs -- was designed as a quicker and less-expensive alternative to the Uniform Domain Name Dispute Resolution Policy (UDRP). As I've written frequently before, there are significant differences between the URS and the UDRP. One of those differences is how long a typical proceeding lasts. more

Owner of .Feedback in Breach of Registry Agreement, Rules ICANN

"The Internet Corporation for Assigned Names and Numbers (ICANN) has ruled that .feedback owner Top Level Spectrum (TLS) is in breach of its registry agreement," Barney Dixon reporting in IPPro The Internet. more

Alliance for Safe Online Pharmacies Honors Leading Companies at ICANN

Last week the Alliance for Safe Online Pharmacies (ASOP Global; www.BuySafeRx.pharmacy) presented its inaugural Internet Pharmacy Safety E-Commerce Leadership Award to two organizations during the Generic Names Supporting Organization (GNSO) Joint Meeting of the Registries and Registrars Stakeholder Groups at ICANN58 in Copenhagen, Denmark, it was announced on Tuesday. more

How Long Does a UDRP Case Take?

The Uniform Domain Name Dispute Resolution Policy (UDRP) was designed as a quicker and less-expensive alternative to litigation. Although the UDRP policy and rules provide strict timelines for various stages of a UDRP case, how quickly a dispute is actually resolved can vary based on numerous factors. A typical UDRP case results in a decision in about two months, but the facts of each case -- including actions both within and outside the control of the parties -- may shorten or extend that timing. more

Sanctionable Conduct for Abusing the UDRP Process

To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in using the mark in commerce; and secondly, have a mark strong enough to rebut any counter argument of registrant's right or legitimate interest in the string. A steady (albeit small) number of owners continue to believe it's outrageous for registrants to hold domain names earlier registered than their trademarks and be permitted to extort amounts far "in excess of [their] documented out-of-pocket costs directly related to the domain name." more

Early Disclosure of UDRP Complaints

Under the previous rules for the Uniform Domain Name Dispute Resolution Policy (UDRP), domain name registrants that had a complaint filed against them were supposed to be notified of the complaint by the trademark owner that filed it. Then, a revised set of UDRP rules that went into effect in 2015 eliminated the complainant's obligation to notify the respondent. Instead, the new rules only require the UDRP service provider (such as WIPO or the Forum) notify the respondent, presumably after the registrar has locked the domain name, preventing any transfers. more

Work in Progress: Preparing the Next Round of New gTLDs

There are now more than a thousand new Internet suffixes alongside "the originals" (not talking vampires here, but rather .COM et al). These additional web address endings are called "new gTLDs". Since Internet technical coordinator ICANN's 2012 call for applications for the creation of new gTLDs, and their roll-out starting in 2014 when suffixes such as .BARCLAYS (brand TLD), .NYC (geo TLD) and .SKI (generic TLD) became active, the question of another round of applications has been asked repeatedly. more

Verisign Given Approval to Restrict .COM and .NET Domains In Various Countries

"Verisign has been given approval to start restricting who can and cannot register .com and .net domain names in various countries," Kevin Murphy reporting in Domain Incite. more

Healthy Domains Revisited: The Pharmaceutical Industry

Users scored an exciting victory over copyright-based censorship last month, when the Domain Name Association (DNA) and the Public Interest Registry (PIR), in response to criticism from EFF, both abruptly withdrew their proposals for a new compulsory arbitration system to confiscate domain names of websites accused of copyright infringement. But copyright enforcement was only one limb of the the DNA's set of Registry/Registrar Healthy Practices. more

Diversity of View or Unacceptable Inconsistency in the Application of UDRP Law

The general run of Uniform Domain Name Resolution Policy (UDRP) decisions are unremarkable. At their least, they are primarily instructive in establishing the metes and bounds of lawful registration of domain names. A few decisions stand out for their acuity of reasoning and a few others for their lack of it. The latest candidate of the latter class is NSK LTD. v. Li shuo, FA170100 1712449 (Forum February 16, 2017)... It is an example of inconsistency in the application of law. more

At the NCPH Intersessional, Compliance Concerns Take Centre Stage

The non-contracted parties of the ICANN community met in Reykjavík last week for their annual intersessional meeting, where at the top of the agenda were calls for more transparency, operational consistency, and procedural fairness in how ICANN ensures contractual compliance. ICANN, as a quasi-private cooperative, derives its legitimacy from its ability to enforce its contracts with domain name registries and registrars... more

Could a Vanity URL Strategy with Your .Brand Be the Key to Supercharging Your SEO?

I feel incredibly lucky to work every day with some of the biggest, most recognised and most innovative organisations from around the world on developing strategies for their .brand TLDs. In this capacity, I also have the privilege to meet some of the most knowledgeable and forward-thinking experts in branding, digital marketing, web development and technology, to name a few. One such person is the brilliantly talented Matt Dorville. more

SBI, One of India’s Largest Banks, Switching Its Domain to Branded TLD, bank.sbi

The State Bank of India (SBI) has announced it will be switching its domain name from "sbi.co.in” to the branded "bank.sbi", according to various news sources. more

Timing Is All: Cybersquatting or Mark Owner Overreaching?

Admittedly, timing is not altogether "all" since there's a palette of factors that go into deciding unlawful registrations of domain names, and a decision as to whether a registrant is cybersquatting or a mark owner overreaching, is likely to include a number of them, but timing is nevertheless fundamental in determining the outcome. Was the mark in existence before the domain name was registered? Is complainant relying on an unregistered mark? What was complainant's reputation when the domain name was registered? What proof does complainant have that registrant had knowledge of its mark? Simply to have a mark is not conclusive of a right to the domain name. more