Domain Names

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

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

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

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

Limitations and Laches as Defenses in Domain Name Cybersquatting Claims

UDRP Paragraph 4(c) states as a preamble that "[a]ny of the following circumstances, in particular, but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interest to the domain name for purposes of Paragraph 4(a)(ii)." Three nonexclusive circumstances are listed. 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

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

Building a Better WHOIS for the Individual Registrant

Today, anyone can use WHOIS to identify the organization or person who registered a gTLD domain name, along with their postal address, email address, and telephone number. Publishing this data has long been controversial, creating a system riddled with problems. On one hand, anonymous access to all WHOIS data enables misuse by spammers and criminals and raises concerns about personal privacy. On the other hand, incomplete or false WHOIS data prolongs Internet outages and leaves crime victims with little recourse. more

Report on TLD Preference by Country

Which domain extensions do people prefer? How do these preferences vary by country? This article reports the results of a poll of domain extension preference by country of residence conducted from May through October, 2003 by Domain Name Journal and the DomainState forum. Approximately 133 people from 34 different countries participated. This poll has limitations that we will discuss, but it does measure the extension preferences of domain registrants and developers in a manner that has not been done elsewhere and it produces some interesting results. 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

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 Approves IDNs for China, Taiwan, Thailand, Sri Lanka…

A few weeks back I asked Where is China's IDN? ICANN not only answered my question about China, but also about a host of additional countries (and territory) that had applied for fast-track IDNs. Here are the most recent IDN (string evaluation) approvals... more

ICANN Board Meeting Spoiler Alert

For those participants that have been working rearranged hours and participating remotely in connection with ICANN's Nairobi meeting, here is a chance to sleep in. While ICANN Board tea leaf reading is not an exact science, there is a great deal of predictability to ICANN's actions so here are my big three predictions for tomorrow. more

IDN Scaremongering: Mashable and Times Online Screw Up

Internationalized Domain Names (IDNs) might be a slightly "hot" topic at the moment following on from ICANN's launch of the IDN country code Top-Level Domain (ccTLD) program recently. However, IDNs are NOT a new topic. Far from it. They've been around for quite some time. Unfortunately neither The Times Online or Mashable seem to have done any homework. more

Compliance Overhaul a Start

ICANN is clearly changing with the new CEO making immediate changes to the organizational structure and Compliance announcing a number more effective tools and procedures at Sunday's At-Large Advisory Committee (ALAC) and Regional Leadership Meetings. It seems very ambitious and they will need to be because our year-long research, publicly distributed here for the first time, shows a complete breakdown in ICANN's Compliance functions on every level possible. more