Domain Names

Which Comes First, the Trademark or Domain?

For years, the question of exactly when to register a domain name has been one asked by legal departments, as they've sought to formalize their internal processes. If you were to think about it logically, it would make most sense to register it after the trademark had been cleared. After all, why bother to register a domain, if you aren't going to use it to support a product, service or campaign? more

Radio Interview Discusses Domainers and Domaining

Damien Allen of VTalk Radio recently interviewed Professor Eric Goldman of the Santa Clara University School of Law on the topic of "Domaining". The interview covers the nature of domaining as a business and how it differs from cybersquatting. From the interview: "Often times the domainers are not particularly interested in profitable resale and, in fact, in my experience many times when domainers get complaints about domains, they'll just hand the domain name back, no questions asked and no money charged. They're not looking to make money from the resale of the domain names..." more

A New Project Called Handshake Wants to Decentralize DNS, Says It’s Unlike Previous Attempts

An entity called the Handshake Network claims its newly developed open source project offers advantages over the traditional naming and signature systems. more

The .ORG Sale Is a Radical Departure That Puts the Internet at Risk

It can be hard to take a side. Especially when you are with a big organization. I know, I used to work for the United Nations and ICANN. Neutrality is a huge part of that work. Your role is not to take a stand; it's to create the space for other people to take stands. To create and protect a neutral platform. That's what we all thought the Internet Society (ISOC) was doing for us by running .ORG. more

ICANN Must Address Domain Tasting Ripple Effects

A registrar who also engages in domain tasting can inadvertently create ripple effects throughout the domain name industry. Thus, domain name owners must exert pressure on ICANN to reduce this risk. We are now experiencing ripple effects from the subprime market and its repercussions on related markets. ...there can be a problem when registrar functions and domain tasting are conducted by the same entity. Unmonitored coupling of seemingly unrelated markets can be devastating to our industry. more

Phishing in the New gTLDs

The new Anti-Phishing Working Group (APWG) Global Phishing Survey has just been released. Written by myself and Rod Rasmussen of IID, the report is the "who, what, where, when, and why" look at phishing, examining the second half of 2014. The report has many findings, but here I'll concentrate on the new gTLDs. The second half of 2014 was when an appreciable number of new gTLDs entered general availability and started to gain market share. more

DNA University Launches to Support Domain Name Industry

In pursuit of continued domain name industry success, the Domain Name Association (DNA) is delighted to announce the launch of the next industry resource -- the DNA University. The aim of the DNA University is to establish a dedicated education platform to facilitate the exchange of ideas, best-practice methodologies and continued development of the industry's combined expertise. To this end, the DNA University will offer stakeholders an opportunity to share their experiences, learn from each other and provide a forum to incubate concepts that will advance the domain name industry. more

Questions on the Debate on ‘Closed Generic’ gTLD Applications

ICANN is currently seeking public comment on the subject of "closed generic" gTLD applications. It asks "whether specific requirements should be adopted corresponding to this type of application". It invites comments on what it defines as an "issue". In particular, ICANN wonders how an applied-for domain can be deemed a "closed generic" TLD, and whether there should be rules governing the way this TLD will be operated. more

DNSSEC Becomes a Reality Today at ICANN Brussels

Attendees at the public ICANN meeting in Brussels today heard from over two dozen companies that have implemented or are planning to support DNSSEC, the next-generation standard protocol for secured domain names. It is clearer than ever before that DNSSEC is becoming a reality. more

Using the URS as a Preliminary Injunction for Domain Name Disputes

As I've written before, the Uniform Rapid Suspension System (URS) - the domain name dispute policy applicable to the new generic top-level domains (gTLDs) - is just not catching on. Whether because of its limited suspension remedy, high burden of proof or other reasons, the URS remains unpopular among trademark owners. However, there's one interesting use to which the URS can be put. more

Making Sense of MIIT’s Category of Telecommunications Services

This morning I read a catchy titled article on CircleID "China Closing the Door to New Technologies". I was trying to make sense of what all the fuss is about... So I called up my friends in Ministry of Industry and Information (MIIT) for lunch to find out what's going. more

UDRP Standing: Proving Unregistered Trademark Rights

The Uniform Domain Name Dispute Resolution Policy is a non-exclusive arbitral proceeding (alternative to a statutory action under the Anticybersquatting Consumer Protection Act) implemented for trademark rights' owners to challenge domain names allegedly registered for unlawful purposes. Policy, paragraph 4(a) states that a registrant is "required to submit to a mandatory administrative proceeding in the event that a third-party... more

Cheers! Registries and Registrars Doing the Right Thing by Patients

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

The Name Collision Conference

Earlier this week Verisign sponsored a two day conference on name collisions in the DNS. Despite the very short time frame in which it was organized, only a month from announcement to meeting, there were some very good presentations. I'll just hit some highlights here; all of the papers and slides are on their web site at namecollisions.net. Sunday morning started with a keynote by Bruce Schneier, who is not a DNS expert (and doesn't claim to be) but had some interesting observations on names in general. more

The Association of National Advertisers Blinders on New TLDs

I read with interest the piece by the Chairman of the Association of National Advertisers (ANA), Garry Elliot, in Advertising Age, which was partly prompted by my commentary in the same publication describing why new generic Top-Level Domains (gTLDs) could be an opportunity for some brands. He says: "From all I've seen, no matter how one tries to justify ICANN's process or the benefits it speculates will occur, it is simply impossible to defend the economics of the ICANN proposal. That is the Achilles' heel of this entire exercise. To paraphrase an old saying, 'It's the economics, stupid.'" more