Domain Names

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

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

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

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

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

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

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

Euro 2020: An Illustration of the Link Between Real-World Events and Online Infringements

In the run-up to the postponed Euro 2020 football championships, we've analyzed historical registration trends in domains containing the terms "euro2020" or "euro2021." A number of previous studies -- looking at events as diverse as the COVID pandemic, the annual holiday season shopping events, and the Reddit campaign relating to the manipulation of the stock price of U.S.-based retailer GameStop -- show a link between real-world events and spikes in online activity. more

RealNames’ Termination: More Catastrophic than Anticipated!

Microsoft is a special company. By definition, its operating systems and Internet browser are no longer just "applications;" they constitute a platform. They are - for 90 percent of Internet users - the sole interface to all Internet content and services. The browser is its own little monopoly. Such is its dominance that Microsoft has the power of life and death over innovation. 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

Attacking the Multi-Stakeholder Model

"If at first you don't succeed, try and try again." A famous saying, that some within the ICANN world seem to think actually means: "if at first you don't get what you want, try and try again." The basic premise of the ICANN system is simple and fair: get all parties to work together, give everyone an equal voice, and act on whatever consensus emerges. ICANN insiders have coined this the "multi-stakeholder, bottom-up, policy development process". 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

ICANN’s Tax Exemption Requires Updated Review

In September 2015, John Levine asked why ICANN should be considered a tax-exempt organization following the completion of the U.S. government's transition of technical management of the Internet's Domain Name System (DNS). The U.S. Internal Revenue Service (IRS) determined that ICANN was an exempt organization in 2000 and, inarguably, circumstances have evolved materially since then. more

ICANN Reserves “.INTERNAL” Domain for Private Use

The Internet Corporation for Assigned Names and Numbers (ICANN) has officially reserved the top-level domain ".INTERNAL" for private-use applications. This decision follows years of technical evaluations, public consultations, and inter-organizational discussions. more

U.S. Government Strongly Affirms ICANN Model and New gTLDs

Larry Strickling, who runs the NTIA (the part of the U.S. Department of Commerce that handles ICANN), yesterday gave an important and remarkable speech to the Practicing Law Institute about Internet governance. His speech, timed to coincide with an orchestrated ICANN-bashing across town in the Senate, was a striking defense of the ICANN model and a repudiation of special pleading outside the process. more