Domain Names

Uniform Rapid Suspension Not Appropriate for .com Domain Names

The Internet Commerce Association has been actively involved for the last four years on the ICANN Working Group reviewing the Uniform Rapid Suspension (URS) policy and the Uniform Domain Name Dispute Resolution Policy (UDRP). The Working Group is currently wrapping up its review of the URS. The UDRP will be reviewed in an upcoming second phase. 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

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

The Biggest gTLD Problem Has Just Appeared on the Horizon

A letter sent earlier this month by the ICANN Board to the Governmental Advisory Committee (GAC) should cause every new gTLD applicant's ears to prick up. Having been through every one of the applications for 1,396 different Internet extensions, the world's governments not only issued formal warnings for 199 of them, but also asked what mechanisms were in place to make sure that people did what they said they would in their applications. more

When the Backend Domain Name Registry Is Too Expensive

What we call a "backend registry" is the mandatory technical platform to operate a domain name extension and all registries have one. It is the backend registry that allows accredited registrars to technically sell domain names for each top-level domain (TLD). The question here is: what happens to a registry, who sells domain names to accredited registrars when his backend registry solution provider is too expensive? more

Google to Deactivate Goo.gl URL Shortener, Sparking Concerns Over ‘Link Rot’

Google has announced it will fully deactivate its URL shortening service, Goo.gl, by August 25, 2025, prompting concerns about widespread "link rot." Starting next month, Goo.gl links will display a warning message before ceasing to work altogether by the 2025 deadline. more

Plural TLDs: Let’s Stop Throwing Spanners in the Works!

I don't have strong religion on plural TLDs. For that matter, I don't have strong feelings for or against closed generics either, an other new gTLD issue that has recently been discussed even though it is not mentioned in the rules new gTLD applicants had to rely on. What I do care about is predictability of process. Yet, as Beijing showed, the ICANN community has an uncanny ability to throw last-minute wrenches at its own Great Matter, as Cardinal Wolsey called Henry VIII's plan to divorce Catherine of Aragon. more

Branded Domains Are the Focal Point of Many Phishing Attacks

As a long-established online attack strategy, phishing remains a popular tool for fraudsters because of its effectiveness. The Anti-Phishing Working Group reported more than 300,000 distinct phishing attacks in December 2021 -- more than three times the number reported in early 2020, and the highest monthly total ever identified. more

What Due Diligence Satisfies Domain Name Registrant’s Representations (UDRP)?

Not infrequently mark owners in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) claim that respondents should have been aware that the domain names they registered corresponded to their marks; and from this, urge panelists to draw the inference that the registrations were designed to take advantage of their goodwill and reputation. To test this premise, we need to take a step back for a quick look at UDRP provisions. All it takes to acquire a domain name is to sign a registrar’s registration agreement. more

12 Common Mistakes Made By Bad Faith Cybersquatters

Some cybersquatters register domains in bad faith as part of a business plan to monetize domains by leveraging famous trademarks and high-traffic web sites. Some cybersquatters just don't understand the law. In this this tongue-in-cheek post, we provide a real world case study of the most common mistakes made by cybersquatters when registering trademark protected domains in bad faith. more

The ICANN gTLD Battlefield - The Fog of War

Concerning ICANN's new generic Top-Level Domain (gTLD) program, why is the Association of National Advertisers whose members spends 400 billion on their 10,000 brands so violently opposed? Bob Liodice President & CEO of ANA recently wrote an article "How to (Unnecessarily) Encumber The Internet And The Economy" in Forbes highly critical of ICANN but clearly missing the mark. This misunderstanding demands clarification, the fog is getting dense so let's explore some facts. more

Why WIPO’s Proposed Fast-Track UDRP Process is Flawed

In the midst of ICANN's decision to ask the Generic Names Supporting Organization (GNSO) to create proposals on trademark protection mechanisms, the World Intellectual Property Organization (WIPO) announced that it will launch a fast-track UDRP process... The WIPO move is flawed and creates various problems. Here is an account. more

Closed Generic TLDs - The Final Battle?

Over the past couple of years I've posted several times on the issue of "closed generics". In essence these are new TLD applications where the string is a "generic term" AND the applicant wanted to keep all domains in the registry for their own use. The baseline registry agreement with ICANN now contains language that resolves the issue, or at least it would appear to do so. more

Short Strings of Alphabet Letters in Domain Names: Random to Some, Identifiers to Others

What is the intrinsic (as opposed to trademark) value of short string domain names? It depends, of course. Rights holders have been willing to challenge domain name registrants even if they have no actionable claim for cybersquatting... UDRP Panels have over the years, and in many cases, affirmed that short strings are "inherently valuable in themselves precisely because they are (a) short and (b) can reflect a wide range of different uses." This does not mean it is open season against rights holders for short strings, but it does mean the facts and proof of cybersquatting must be in proper alignment, and this calls for some sober thinking about the evidentiary demands of the Uniform Domain Name Dispute Resolution Policy (UDRP). more

Domain-Name Error Redirect: Incentives and Solutions

Some domainers, having forgone parking revenue to avoid any claims of trademark violation, have then found themselves thrown into legal trouble with trademark claimants because of actions taken by a third party (ISPs and PC manufacturers). In addition to the resulting direct legal cost, the possibility of action by a third party heightens uncertainty and steals management's attention away from its real job. The troubles for the domain name owner start when a surfer who enters in the browser an inactive domain name is redirected to a Web page with advertising instead of getting a page that says there is an input error... more