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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
Domain name registration is a hot industry. Registrars represent a growing multi-billion dollar industry with the keys to the Internet for any organization hoping to have a web presence. Further, because of their role as one of the gatekeepers to the Internet, registrars have the unique ability and are often asked to take action against illegal activity online. This fact was highlighted in the report released this week by the Office of the U.S. Trade Representative, the 2015 Out-of-Cycle Notorious Markets List. more
If a hired philosopher graced ICANN, the work would get down to brass tacks. "What is it?", she would ask, that drives ICANN beyond the mysterious dot that apparently represents the root. One can picture subsequent appeals from senior management to its navels, for clues as to what in the end game the root truly represents. I surmise that contemplating bred-in-the-bone values does not resonate easily or often at ICANN. Its like that unreachable itch that evades our scratch; we can't get at the source. more
History is a great teacher, we are told. So, on the cusp of an explosion in new top-level domains, what can we learn from the two previous expansions of the Internet's naming space? And what are the pitfalls to avoid? Let's just assume the fundamental and obvious lessons of realistic expectations, a solid business plan and prudent resource management, and instead focus on the little talked about but still critical lessons that will separate the winners and the losers in this race. But first - a caveat! more
Yesterday evening, the ICANN's Generic Names Supporting Organization (GNSO) held its last teleconference of the year. We had invited ICANN's new gTLD supremo Kurt Pritz to give an update on the recent US Congress hearings. Kurt was ICANN's spokesperson in both hearings, and felt that the first was more favourable to ICANN than the second. more
This post outlines the correct use of an outlet strategy, points out the value of such a strategy, and the advantages of executing the strategy through a new ICANN top-level domain (TLD) instead of a second-level domain name. Some companies need to signal a brand name with low prices and quality/utility, whether the strategy is for a primary or secondary corporate brand. A successful strategy has to explicitly include lower price and quality. Otherwise, with only a lower price, a brand owner would cannibalize the main brand and cause damage to brand equity. more
Philbrick's Sports is a New Hampshire retailer of sporting goods. eNom's customer registered two domain name variants of Philbrick Sport's website. When the customer didn't pay eNom, eNom took the names back for itself... Each of these domain names were parked with Yahoo, who displayed sponsored ads on the domains. Philbrick's then sued eNom, claiming cybersquatting and trademark infringement. more
DENIC (the registry of .DE and the top-level domain name extension of Germany) has just recently announced that it has cracked the mark of 17 million domain names registered. As one of the most successful ccTLD's (country-code top-level domain names), the press release of DENIC is providing some additional interesting statistics. Such as that there are now 30k new registrations on average every month and that DENIC has over 300 members (mostly domain name registrars) to register domain names on behalf of their customers. more
The voluntary Public Interest Commitments (PIC) have a long and sad history at ICANN. They were a process never created or evaluated by the Multistakeholder process, thrown together for one purpose and allowed to morph into a mechanism for an almost unlimited number of un-reviewed other purposes. Disputes are delegated to a resolution process which itself was never evaluated for... more
The registration and use of an Internet domain name that allegedly infringes another's trademark is an "advertising injury" within the meaning of an insurance policy, and thus requires the accused company's insurer to provide coverage, according to a recent ruling by the U.S. Court of Appeals for the Fourth Circuit. In the same ruling, the Fourth Circuit also held that the domain name, because it led customers to advertisements at the related website, constituted use of the trademark "in the course of advertising." State Auto Property and Cas. Ins. Co. v. Travelers Indemn. Co. of Am. more
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
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 advance teams are already gathered in Tunisia ahead of next week's second phase of the World Summit on the Information Society, and those of us on the press list are being deluged with announcements, releases, notices and invitations to meetings. The meeting, which runs from 15-18 November, is an opportunity to look at the progress that has been made since December 2003, when representatives and heads of state gathered in Geneva. more
Some of ICANN's current proceedings on the introduction of new generic top level domains (gTLDs) provide a case study on how not to develop public policy. In particular, the Rights Protection Mechanism proceedings, with serious implications for trademark owners, have followed a course that does not correspond to the ideal of ICANN's bottom-up, consensus-based processes for policy development. More importantly, these proceedings are effectively unilateral developments in international law without the benefit of treaties or international conventions. more
Applying for a new Top-Level Domain (TLD) is an expensive and lengthy process, costing an estimated $500K for application and various legal and professional services. Central to the application is the business case. Even though ICANN requires an albeit simple version, most applicants must have a credible business case, especially if they need to secure internal approval, or more importantly attract and secure outside investment. Given the truth to the maxim "if you fail to plan, you plan to fail," some closer scrutiny of your business plan will pay dividends in the long-term... more
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