Domain Names

First Do No Harm: Ensuring Compliance with the EU’s GDPR While Preserving Access to WHOIS Data

There is growing concern about how ICANN will comply with the EU General Data Protection Regulation (GDPR), whose enforcement sanctions come into force in May of 2018. How will ICANN comply with GDPR without unduly restricting global Internet users' access to the public WHOIS database? For nearly the past 20 years, Internet users, businesses, law enforcement and consumer protection agencies have relied on WHOIS as a necessary resource. more

Why New TLDs Don’t Change a Thing

I have a heard a lot lately about ICANN unanimously voting in favor or relaxing top level domain rules and had a few people come to me and ask 'how does that affect what you do?' The short answer is, it won't; at least not for a long time and here is why... There might be some huge potential gain if all shoe companies got .shoes and branded it, but someone would have to manage it and each would have to spend money to brand .shoes to consumers. Adidas gets adidas.shoes but spends nothing to brand it and lets Nike pay to brand .shoes and Reebok to brand it as well and leech. So instead of cartel like behavior (which is hard to maintain), we fall back into .com 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

Report and Analysis of Public Comments Submitted to ICANN on the .COM Pricing Provisions (Part I)

ICANN's call for Public Comment on Proposed Amendment 3 to the .com Registry Agreement yielded 9,040 public comments during the six-week comment period that ran from January 3, 2020 to February 14, 2020. The public response was amongst the most robust if not the most robust, that ICANN has ever received. To put this in context, the last several Public Comment periods received under 20 comments apiece. more

Fighting Phishing with Domain Name Disputes

I opened an email from GoDaddy over the weekend on my phone. Or so I initially thought. I had recently helped a client transfer a domain name to a GoDaddy account (to settle a domain name dispute), so the subject line of the email -- "Confirm this account" -- simply made me think that I needed to take another action to ensure everything was in working order. But quickly, my radar went off. 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

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

Who Are the Major New gTLD Applicants and… (Part Five: Rightside Registry)

Rightside is a name you may only have heard of very recently. It is a relative newcomer in the new gTLD industry. It is important to note that there is a difference between "Rightside" and "Rightside Registry". One is the Trademark and also the name of this new group to which eNom (a Registrar), Namejet (a platform to buy/sell domain names and Premium domains) and Name.com (another Registrar) belong. As for "Rightside Registry", it is the new name of the platform to operate new gTLD applications. 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

Red Cross and Internet Governance with Cause

One of many controversies surrounding the introduction of new domain names is the special protection given, though a moratorium, to the Red Cross and Red Crescent Movement (RCRC) and International Olympic Committee (IOC). Although the RCRC and the IOC are discussed together, they are very different. 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

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

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

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

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