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There is a misconception among some trademark owners and their counsel that passive holding of domain names alone or combined with lack of rights or legitimate interests supports abusive registration. Thus, Respondent's inactive use of the disputed domain name demonstrates bad faith. Respondent also had actual knowledge of Complainant's YOU ASKED FOR IT mark as Complainant has attempted to buy the domain from Respondent... more
Not all domain names identical or confusingly similar to trademarks are actionable. Exhibit 1 are complainants whose trademarks postdate domain name registration. The latest example of this is Insight Energy Ventures LLC v. Alois Muehlberger, L.M.Berger Co.Ltd., D2016-2010 (WIPO December 12, 2016) (<powerly.com>) but there are other, more esoteric examples such as loss by genericide, Shop Vac Corporation v. Md Oliul Alam / Quick Rank, FA1611001701026 (Forum December 10, 2016). more
Like it or not, new gTLDs are here and they're here to stay. If it is still common to read that the ICANN new gTLD program was a failure and few users are using new domain names, numbers show the opposite. I recently read very rude critics addressed to new gTLD applicants but surprisingly, critics often come from ".com" investors and my understanding of this is that new domain names lower their margins ...since the domain name offer is now larger. more
In a development that few people will notice but is interesting to us domain geeks, Apple is in the process of retiring its news.apple.com domain in favor of apple.news. Apple is not going to shed light on why it is making this migration. I suspect that anything to take traffic off the .com domain is never a bad idea. Perhaps Apple has a long-term vision for making its News app web-accessible (instead of locked within an app). more
Acquiring domain names for the purpose of selling them to complainants is the second most heavily invoked of the four circumstances that are evidence of abusive registration. Because no self-respecting domain name reseller will ever admit to acquiring domain names "primarily for the purpose" of selling them to complainants "for valuable consideration in excess of [their] documented out-of-pocket costs directly related to the domain name" evidence of bad faith is typically deduced by other factors. more
No industry is immune from cybersquatting - not even the legal industry. In three recent (and unrelated) UDRP decisions, law firms won decisions ordering the transfer of domain names that contain their trademarks. One of the cases involved Alston & Bird, the large law firm where I began my legal career and first learned about domain name disputes 20 years ago. As the UDRP decision describes it, Alston & Bird is a well-known law firm founded in 1893 with offices throughout the world. more
Departing ICANN CEO Fadi Chehadé has penned a goodbye letter to the organisation's Board as he prepares to leave this March. The 7-page letter reads like a long list of Chehadé's achievements since he took over the helm in 2012. Whilst there can be little doubt about Chehadé's tireless energy and dedication to making ICANN a more effective governance mechanism for the Internet, his celebration of the last four years seems to overlook one important opportunity. more
Marketers and advertisers across the world pay close attention to Super Bowl ads, for good reason. At a cost of up to $5 million for a 30-second spot, Super Bowl ads represent the world's biggest stage for high-reach, large-impact marketing. The best practices seen on Sunday will set the standard across the industry and influence marketing behavior around the world. The call to action used in any Super Bowl spot can make or break the investment. more
A few weeks ago I came across an old interview of me by ITespresso.fr from 10 years back entitled "IPv6 frees human imagination". At the time, I was talking about the contributions IPv6 was expected to make and the challenges it had to face. After reading the article again, I realized that it has become a little dusty (plus a blurred photo of the interviewee :-)). But what caught my attention the most in the interview was my assertion: "If IPv6 does not prevail in 2006, it's a safe bet that it will happen in 2007". Wow! more
Every person and every entity must have a philosophy if they are to be successful. Consumer trust is one of the key issues at the heart of keeping the Internet open as well as prosperous. The ICANN Affirmation of Commitments was signed in 2009 and has been the guiding principle for ICANN's activities going forward. The title of section 9.3 is Promoting competition, consumer trust, and consumer choice. This section is in essence the embodiment of the commitment of ICANN. more
When last we wrote, trademark lawyers had written an outraged letter to ICANN about the $2500 price to preregister trademark.sucks names, and ICANN, reliably panicking in the face of legal threats, wrote to the US Federal Trade Commission and Canadian Office of Consumer Affairs saying please tell us that's illegal so we can shut down this registry with whom we just signed a long-term contract. (The mysterious $1 surcharge turned out to be a weak attempt by ICANN to collect debts that affiliates of registry owner Momentous defaulted on long ago.) more
The following is the easyDNS response to ICANN's public comment period on GNSO Privacy & Proxy Services Accreditation Issues Working Group Initial Report. The public comment period is open until July 7, 2015. We strongly urge you to make your voice known by signing the petition over at Save Domain Privacy. I submit these comments as a CEO of an ICANN accredited registrar, a former director to CIRA and a lifelong anti spam contributor with an unblemished record of running a managed DNS provider that maintains zero tolerance for net abuse or cybercrime... more
We, domain name and Trademark professionals, think end-users know about domain names. The truth is that few of them have ever heard of what a domain name is and worth; very few have heard about new descriptive domain names so I asked a Club manager my questions... Representatives of a famous French sports club were there and I bumped into them to ask my question: "any plan to change to a .club domain name?" more
Although I don't have a lot of sympathy for the trademark lawyers' argument that trademark holders need to register .sucks domains cheaply before anyone else can, there is one point at the end of their letter that's worth a look. The registry contract for .sucks, between Vox Populi and ICANN, has this sentence that appears (as far as I know) in no other registry contract, in the section on Registry-Level fees. more
2014 was a big year for us and for our clients. The new gTLD program forced us to rethink, reprioritize and implement new and different strategies to protect our brands online. The uncertainty largely behind us, and with more information at our fingertips about just how well (or not) brands are faring in the new environment, it's time to look forward to what we can do in 2015 to fix what's broken, throw away what's useless, fight for what's important... more
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