Domain Names

What to Expect at ICANN 59, Johannesburg

I'm excited! Not because of the 30 hours that it will take me to get to Johannesburg, but because this ICANN meeting will be the second time we've put the Meeting B Policy Forum to the test. If the second time is a charm then hopefully we'll have cemented the Policy Forum into the ICANN meeting structure, and we can start a conversation about having two Policy Forums each year and one AGM meeting. more

.Pharmacy Registration Policy Restrictions Harm Legitimate Pharmacies

The Canadian International Pharmacy Association (CIPA) recently commented on the Competition, Consumer Trust and Consumer Choice Review Team (CCTRT) Draft Report of Recommendations for New gTLDs. In particular, on the primary questions posed: The CCTRT is seeking input on its Draft Report, which assesses whether the introduction or expansion of gTLDs has promoted competition, consumer trust and consumer choice in the DNS... more

Why This Domain Expert Has Stopped Talking About Domain Names

I'm lucky enough to spend my working life helping some of the world's largest brands drive their .brand TLD projects. The excitement and the challenges of this space stem largely from the fact that this is a new innovation; and when you're working with something truly groundbreaking, naturally there's an element of "learning as you go." And I'm not afraid to admit, sometimes we get things wrong. more

The 2-Character Answer to this GAC Advice Should be “No”

ICANN's Governmental Advisory Committee (GAC) has reacted to the ICANN Board's November 2016 decision to authorize the release of two-character domains at new gTLDs with advice to the Board that does not have true consensus backing from GAC members and that relates to procedure, not policy. The Board's proper response should be to just say no, stick to its decision and advise the GAC that it will not consider such advice. more

Digital Identity and Branding: The Five Most Common Mistakes in Naming

The U.S. is a total hotbed for Startups. Over the course of the last year, venture capital firms invested $69.11 billion in U.S. startups. Now is an exciting time where there is more ingenuity and entrepreneurial efforts than ever before. And of course every entrepreneur's dream is to have a successful idea and "make it". However, a startup's name and its associated digital identity are often not as thought out as they should be. more

U.S. Expresses Concerns Over China’s Internet Regulatory Regime, In New Report

The Trump administration has criticized China on a number of trade issues in its Foreign Trade Barriers report including cloud computing restrictions, Voice-over-Internet Protocol (VoIP) and Domain Name Rules. more

ICANN Drifting Toward Online Content Regulation, Says Law Professor

In a paper for the Washington & Lee Law Review, University of Idaho College of Law Professor Annemarie Bridy, depicts ICANN's ambivalent drift into online content regulation through its contractual facilitation of a "trusted notifier" copyright enforcement program between the Motion Picture Association of America (MPAA) and two registry operators for new gTLDs, Seattle-based Donuts and Abu Dhabi-based Radix. more

When Two Trademarks Aren’t Confusingly Similar to One Trademark

As I've written before, domain name disputes involving multiple trademarks sometimes raise interesting issues, including whether a panel can order a domain name transferred to one entity without consent of the other. While panels typically have found ways to resolve this issue, one particularly troubling fact pattern arises when a panel denies a complaint simply because a disputed domain name contains trademarks owned by two different entities. more

Overseas TLD Registries Licensed by Chinese Government

It was reported that .XYZ, .CLUB and .VIP have obtained official license from the Chinese government. The approval notices can be found on the website of the Ministry of Industry and Information Technology ("MIIT"), the domain name regulator in China. It is the first batch of overseas top-level domains (TLD) being officially approved. Previously, only two legacy TLDs -- .COM and .NET -- have been issued such approval. The "green light" means that Chinese registrars are able to sell these domains legally in China. more

How Did We Get Here? A Look Back at the History of IANA

October 2016 marks a milestone in the story of the Internet. At the start of the month, the United States Government let its residual oversight arrangements with ICANN over the operation of the IANA lapse. No single government now has a unique relationship with the governance of the protocol elements of the Internet, and it is now in the hands of a community of interested parties in a so-called Multi-Stakeholder framework. This is a unique step for the Internet and not without its attendant risks. How did we get here? more

When ‘Confusing Similarity’ in UDRP Cases Gets Confusing

The first element of the Uniform Domain Name Dispute Resolution Policy (UDRP) requires a complainant to prove that the disputed domain name "is identical or confusingly similar to a trademark or service mark in which the complainant has rights." It's unusual for a complainant to fail on this first of three prongs, but one recent case demonstrates just how uncertain the UDRP can be sometimes. more

Trademark Overreaching and Faux Cybersquatting Claims

Trademarks can be strong in two ways: either inherently distinctive (arbitrary or fanciful marks), or composed of common elements that have acquired distinctiveness (descriptive or suggestive marks). Trademarks can also be weak in two ways: either composed of common elements, or lacking significant marketplace presence other than in their home territories. Panelists have seen them all, even by respondents alleging trademark rights registered later in time to complainant's. more

The .Corp, .Home & .Mail Quandary

On 24 August, fifteen applicants for the .corp, .home, or .mail (CHM) new gTLDs sent a letter to the ICANN Board asking for action on the stalled process of the their applications. This points to the answer for the question I asked in march of this year: Whatever happened with namespace collision issues and the gTLD Round of 2012. As the letter from the applicants indicates, ICANN has done little to deal with issues concerned with namespace collisions in the last 2 years. Is it now time for action? more

The Truth About Supplemental Filings in UDRP Cases

A typical proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP) consists of a complaint and, sometimes, a response. UDRP Rule 12 makes clear that "further statements or documents from either of the Parties" are appropriate only if "the Panel... request[s], in its sole discretion." In practice, however, such supplemental or additional filings are not uncommon, with the leading UDRP service providers - WIPO and the Forum - issuing guidance about when they may be appropriate. more

Why Registry Service Providers Should be Accredited by ICANN

The merits of a Registry Service Provider accreditation programs have been debated across the Domain Industry since the most recent round of Domain Name Registries were introduced starting in 2012. This post discusses the early reasoning in support of an accreditation program; changes in the policy considerations between 2012 and now; the effects of competition on the landscape; a suggestion for how such a program might be implemented; and why such a program should be introduced now. more