Domain Names

Resolving the ICANN-Proposed TLDs Debate

The Internet Corporation for Assigned Names and Numbers (ICANN) has recently decided to allow any entity to register a top-level domain name (TLD). The best mechanism for valuing this decision, a mechanism that outperforms crowdsourcing, blogs, and committee decisions, is the legal and easy-to-implement solution known as prediction markets.
In handing down its TLD decision, ICANN never identified the problem it was trying to solve... more

The Tempest in the TLD Teapot

At its recent meeting in Seoul ICANN announced with great fanfare that it's getting ever closer to adding lots of new Top Level Domains (TLDs). Despite all the hype, new TLDs will make little difference... I agree with my old friend Lauren Weinstein that this is a tempest in a very expensive teapot, because all of the purported reasons that people want new TLDs have been proven false, and the one actual reason that a new TLD would be valuable has no public benefit. more

Introduction Of A New Domain: The Sweden Way

Network Information Centre Sweden AB (NIC-SE), which is the organization that administers .se domain names, will be introducing a new regime for registration of .se domain names.

Under the new regime, applicants from all over the world will be able to apply for registration of a .se domain name without needing to prove that the desired domain name reflects a company or organization name. There will no longer be preliminary examination of applications for registration of .se domain names nor any restriction on the number of .se domain names per applicant. It will also be possible to register geographical names as .se domain names. However, non-Swedish applicants (those without a permanent business place or address in Sweden) must provide a local contact (i.e. person or entity who is permanently resident in Sweden). more

A Noteworthy Report on Fast Flux Hosting

This very interesting document was released by ICANN's Generic Names Supporting Organization (GNSO) for public comment yesterday. And it asks some fundamental questions while at the same time pointing to sources such as the Honeynet Alliance's reports on fast flux. more

New gTLDs, Last-Minute End-Arounds, and Fundamental Fairness

The ICANN community is ever closer to realization of its goal to bring long-overdue consumer choice and competition to Internet naming. Regrettably, but perhaps predictably, reliance on the Final Applicant Guidebook (AGB) is being challenged at the last minute by recent proposals from the Business and Intellectual Property Constituencies (BC/IPC), which demand "improvements" to the already extensive trademark protections that will be part of the new gTLD landscape. more

Rod Beckstrom, Twiki and the Foswiki fork - ICANN Must “Get Things Right” on New TLDs

One of the most disastrous things that could happen to the DNS would be for the root to "split", as it would mean that identifiers would no longer be universal. Instead, "Example.com" would have totally different meanings for different users, substantially reducing the benefits of domain names. Can this happen? Important lessons for ICANN can be learned by studying the history of Rod Beckstrom, Twiki and Foswiki. more

A Postitive Look at DENIC’s .Net Bid

The outcome of the .Net rebid process will involve the security, stability and diversity of management of the Internet's critical infrastructure. As well, the rebid process introduces competitive forces that will flow through to users in the form of cost savings and improved service levels. DENIC has submitted a bid that is consistent with the goals and interests of the Internet community and is the only proponent that has done so. Let us consider the following factors and assess the alignment of the bids with the goals and interests for the Internet community. more

ICANN Wins a Very Weak TLD Lawsuit

Back in the 1990s as the Internet was starting to become visible to the world, several people had the bright idea of setting up their own top level domains and selling names in competition with what was then the monopoly registrar Network Solutions (NSI). For these new TLDs to be usable, either the TLD operators had to persuade people to use their root servers rather than the IANA servers, or else get their TLDs into the IANA root. Attempts to get people to use other roots never were very successful... more

The New gTLD Chess Game

On June 20th, the ICANN board voted to move ahead with the new generic Top-Level Domains (gTLDs) program, intended to add hundreds, if not thousands of new names to the DNS root. Now what? Not even the most enthusiastic ICANN supporters think that any new TLDs will be added before the end of 2012, but there are other things going on that greatly complicate the outlook. more

Europeans Moderate GAC Principles, But…

A U.S.-led Task Force in ICANN's Governmental Advisory Committee (GAC) released version 3 of its "Whois Principles" in preparation for the ICANN meeting in Brazil, where it will be debated and finalized. European countries pushed back against U.S. Government efforts to stop ICANN from respecting privacy concerns in its handling of domain name registrant contact data... more

2019 Domain Name Year in Review

And so it goes, we are coming to the end of 2019, and that can mean only one thing. It's time for another Domain Name Year in Review. And unlike years past, this year was a real doozy. So without further ado, here are the domain name industry's top 10 biggest stories for 2019... To date, 48 leading registries and registrars have signed onto the "Framework to Address Abuse." The initiative was launched in November 2019, just prior to the ICANN meeting in Montreal. more

Trademark Owners’ Rights to Corresponding Earlier Registered Domain Names

As I pointed out in last week's essay, having trademark rights that come into existence later than registrations of corresponding domain names only gets complainants to first base; they have standing but no actionable claim. I also noted a nuance (not a difference in substance) in standing requirements between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA). However, standing depends upon the specific facts of the case... more

Words and Descriptive Phrases as Trademarks Registered as Domain Names

In a trademark context, who owns or controls, or would prevent others, from using words and phrases commonly available to speakers in a language community, is in persistent tension. While common words alone or combined may become protected from infringing uses under trademark law, their protection is contingent on factors such as linguistic choices and strength or weakness of marks in the marketplace. more

gTLDs Opponents Create the Very Confusion They Decry

It's ironic and amusing that while a few well-connected opponents of the new gTLD program were testifying before the U.S. Senate committee, I was asked to help educate top executives of one of the largest global ad agencies and their major clients on the brand marketing and advertising implications of the program. It was clear from the start that virtually all these high-powered executives knew about the program they had learned from the eleventh hour negative campaign. more

Multiple (Even Random or Garbled) Domain Names to Bypass Spam Filters Not a Violation

The California Supreme Court issued its opinion in Kleffman v. Vonage, a case certified from the Ninth Circuit. The California Supreme Court held that the transmission of "commercial e-mail advertisements from multiple domain names for the purpose of bypassing spam filters" does not violate California's spam statute. more