Domain Names

Artful Misrepresentations of UDRP Jurisprudence

The jurisprudence applied in adjudicating disputes between mark owners and domain name holders under the Uniform Domain Dispute Resolution Policy (UDRP) is essentially a system that has developed from the ground up; it is Panel-made law based on construing a simple set of propositions unchanged since the Internet Corporation for Assigned Names and Numbers (ICANN) implemented them in 1999. Its strength lies in its being a consensus-based rather than dictated jurisprudence. more

Reverse Domain Hijacking Where Complainant Knew but Did Not Disclose Geographic Significance of Mark

In the case of Oy Vallila Interior Ab v. Linkz Internet Services, a 3-member WIPO Panel denied the Complainant's efforts to have the disputed domain name vallila.com transferred because the Complainant did not prove that the Respondent registered and used the disputed domain name in bad faith. The Complainant is in the business of providing fabrics and interior design services and claimed trademark rights in its registered mark VALLILA in the European Union. more

Trademark Rights Paramount to Contract Rights for Domain Names

UDRP decisions come down from providers (principally from WIPO and the Forum) at the rate of 7 to 10 a day. Complainants mostly prevail; this is because in 90% of the cases (more or less that percentage) respondents have no plausible defense and generally don't bother appearing, although default alone is not conclusive of cybersquatting; there must be evidence of infringement. When complainants do not prevail, it is not because they lack rights... more

Where to Search UDRP Decisions

Searching decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP) is important - for evaluating the merits of a potential case and also, of course, for citing precedent when drafting documents (such as a complaint and a response) in an actual case. But, searching UDRP decisions is not always an easy task. It's important to know both where to search and how to search. Unfortunately, there is no longer an official, central repository of all UDRP decisions that is freely available online. more

Some Whois Lookup Services Might be Broken

There are thousands of sites and services on the 'net that offer domain name whois lookup services. As of last night, many of them may have stopped working. Why? Many of them rely on fairly rudimentary software that parses the whois from Verisign (for .com and .net) and then relays the query to the registrar whois. The site or service then displays the whois output from the registrar's whois server to you. more

Cars.com $850 Million Valuation: Methodology Critique

Here is a critical look at a recent online essay about the methodology to estimate the value of the domain name cars.com, which was estimated to be $850 million. Not about estimation of valuation model's parameters' nor whether the estimate is too low or too high. Rather its valuation methodology... The purpose of a valuation is Important. Absolute valuation of any asset is its value when put to its best use. more

Domain Names Are Fading From User View

The internet has changed and evolved ever since it's ancestors first came to life in the late 1960's. Some technology fades away and is forgotten; other aspects continue but are overlaid, like geological sediments, so that they are now longer visible but are still present under the surface. The Domain Name System - both the technology of DNS and the deployed naming hierarchy we all use - are among those aspects of the internet that, although they feel solid and immutable, are slowly changing underneath our feet. more

SEO Secrets of Keyword-Relevant Domain Extensions

The Domain Name Association (DNA) recently commissioned Web Traffic Advisors, with supporting analysis from Kevin Rowe of Rowe Digital, to do an independent study, Hidden Advantages of Relevant Domain Names, to answer the following question: Can domain name extensions, especially meaningful or relevant domain name extensions (e.g. .Club, .Online, .Rocks, .Today), have the same opportunity as traditional or more generic ones (e.g. traditional .Biz, .Com, .Info, .Org)? more

Passive Holding of Domain Names and the Argument for Bad Faith or Forfeiture

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

Good Faith and Abusive Registration of Domain Names

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

A Look at New gTLDs Numbers… We’re Doing Good

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

Apple.news or News.apple?

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

Who Contacts Whom: A Material Factor in Selling Domain Names Corresponding to Trademarks

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

Even Lawyers Have Domain Name Problems

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

ICANN CEO Farewell Letter Overlooks Innovation

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