Domain Names

ICANN’s GDPR Compliance Model for Whois Unlikely to Be Implemented in Time for May 25 Deadline

Domain name registries and registrars will not be able to implement ICANN's proposed overhaul of the Whois system in time for the EU's General Data Protection Regulation according to an estimated timetable from ICANN. more

Warranties and Representations on Purchasing Domain Names: What are they Worth?

The WIPO Final Report published in April 1999, from which sprung the UDRP the following October, is useful in shedding light on what the assembled constituencies had in mind in agreeing to particularly contentious issues. One of those issues was whether registrants had to actively search trademark records before purchasing domain names. Other than paragraph 2 of the Policy which codifies registrants' representations, there is no guidance as to what registrants must do... more

2008: A Historic Year for DNS

As we start the new year, it is worth noting some of the major events and news in 2008 that shaped the industry and fueled considerable discussions. Last year's occurrences made for a very historic year, bearing the seeds of future changes for the DNS and domain name industry. more

The Internet Community Says Thank You to ICANN for New TLDs

After more than six years of consultation and negotiation regarding the New Top-Level Domain Program, the ICANN Board this week approved the program to the pleasure of many within the Internet community. For this, we say thank you to ICANN on a job well done! The New Top-Level Domain (TLD) Program has been controversial at times and has fuelled many passionate debates within the Internet community. more

The Real Threat to the Single Root of the Internet Seems to Come from ICANN Itself, of All Places

The proposed final Guidebook for the New generic Top-Level Domains (gTLDs) and Internationalized Domain Name (IDN) gTLDs contains elements that raise grave risks to the ICANN single root of the Internet caused by none other than ICANN itself. Below is my intervention at the ICANN Cartagena Public Forum today. ICANN President and CEO Mr. Rod Beckstrom was prompt to reply and acknowledge the validity of my statement adding that ICANN is fully aware of the problem. more

The Next Internet Revolution Will Not Be in English

This visual depicts about half of the currently approved internationalized domain names (IDNs), positioned over their respective regions. Notice the wide range of scripts over India and the wide range of Arabic domains. I left off the Latin country code equivalents (in, cn, th, sa, etc.) to illustrate what the Internet is going to look like (at a very high level) in the years ahead. more

CircleID’s Top 10 Posts of 2015

Once again it is time for CircleID's annual roundup of top ten most popular posts featured during the past year (based on overall readership). Congratulations to all the 2015 participants and best wishes in the new year. more

WIPO Recommends Uniform Registration for New gTLDs

The World Intellectual Property Organization (WIPO) has recommended the introduction of a uniform intellectual property (IP) protection mechanism designed to further curb unauthorized registration of domain names in all new generic Top-Level Domains (gTLDs). The report, "New Generic Top-Level Domains: Intellectual Property Considerations", which is available at WIPO Arbitration and Mediation Center, says that such a preventive mechanism would complement the curative relief provided by the existing Uniform Domain Name Dispute Resolution Policy (UDRP). more

The Grapes of Wrath? An Insight Into .WINE, the Most Hotly Debated TLD in Government Circles

Everybody agrees, all .WINE applicants want to find where the buck is going to stop, as far as the strange stalemate we have been in for so many months. Situation? "What situation?" I hear you asking. In July 2012, when applications and the name of their applicants were released to the public, it appeared that 3 applicants had the same idea, when they applied for a .WINE Top-Level Domain. more

Mergers and Acquisitions in Domain Industry Increasing at an Impressive Rate

As the year progresses the number of mergers and acquisitions in the domain industry is increasing at an impressive rate. Hot on the heels of GoDaddy's acquisition (saving?) of RegisterFly another media company acquires a domain company. Is anyone beginning to see a pattern emerging? Oversee.net has acquired SnapNames... It's an interesting acquisition for Oversee.net which already owns DomainSponsor as well as a very interesting portfolio of domains. more

Some Considerations for New TLD Operators from a Registrar Perspective

The "hot topic" at the upcoming ICANN meeting in Singapore will, of course, be whether or not the new Top-Level Domains (TLDs) will actually launch or not. Sure, they'll launch at some point, but ICANN has been pushing to make the big announcement at Singapore. There has been a lot written over the last couple of years about new TLDs over the last couple of years. We are now coming into what might be called the "end game". more

Exploring the Meanings of “Right” and “Legitimate Interest” (UDRP Proceedings)

For complainant, the second leg in determining cybersquatting under the Uniform Domain Name Dispute Resolution Policy (UDRP) is evidence respondent lacks both rights and legitimate interests in the challenged domain name (Paragraph 4(a)(ii)). I underscore "both" because proving one but not the other is not good enough. This seems obvious, so why suggest there is something to explore about "rights" and "legitimate interests" if their meanings hardly need explication? more

Register.com’s Director of Policy Responds to WLS Issue

Register.com has not taken a position for or against WLS. If and when the registry launches this service, Register.com will consider whether to offer it based on the price and conditions attached to the service. We are committed to delivering to our customers the best in class services available. Therefore, the registry's price will be an important factor. Moreover, we are concerned about some of the conditions currently being considered by ICANN - primarily, the "black out period." This is a period of time prior to the final deletion of a name, during which a registrar would be prohibited from selling a WLS subscription on a domain name that it sponsors. We consider this a condition that could confuse consumers and dampen domain name competition. more

EFOW Wants Total Protection for Geographical Indications Domains in .VIN, .WINE and All Other TLDs

This is a letter sent from the European Federation of Origin Wines (EFOW) to the courteous attention of Dr Steve Crocker, Chair of the ICANN Board , Mr Cherine Chalaby, Chair of the new gTLD Program Committee Board, Mr Fadi Chehadé, CEO of ICANN and Mr Akram Atallah, COO of ICANN. This letter, sent by its President Riccardo Ricci Curbastro, was sent today to ICANN and is entitled "ICANN initiatives for the attribution of new generic top-level Internet domains -- PDO and PGI wines' concerns". more

Good Faith and Abusive Registration of Domain Names

Not all domain names identical or confusingly similar to trademarks are actionable. Exhibit 1 are complainants whose trademarks postdate domain name registration. The latest example of this is Insight Energy Ventures LLC v. Alois Muehlberger, L.M.Berger Co.Ltd., D2016-2010 (WIPO December 12, 2016) (<powerly.com>) but there are other, more esoteric examples such as loss by genericide, Shop Vac Corporation v. Md Oliul Alam / Quick Rank, FA1611001701026 (Forum December 10, 2016). more