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Introduction: ICANN’s Alternative Path to Delegation (Part 1 of 4)

As widely discussed recently, observed within the ICANN community several years ago, and anticipated in the broader technical community even earlier, the introduction of a new generic top-level domain (gTLD) at the global DNS root could result in name collisions with previously installed systems. Such systems sometimes send queries to the global DNS with domain name suffixes that, under reasonable assumptions at the time the systems were designed, may not have been expected to be delegated as gTLDs. more

UDRP and the Law: Should Cybersquatting be the Default View?

I have returned to the subject of the title on a number of occasions and it is worth revisiting. Like judicial proceedings, the substance of disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and Panel determinations are publicly available. The Internet Corporation for Assigned Names and Numbers (ICANN) mandates in its Rules that all decisions must be delivered to the parties within "three business days" of their receipt of the decision and posted on providers' websites. 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

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

ICANN gTLDs: When Names Are Borrowed from an Atlas

When names are borrowed from an Atlas, things happen. Use of Geographic names have always caused some problems for two reasons; one they are in the public domain so anyone else can use them and two they connote that business is confined to just that geographic area. Like Paris Bakery, Waterloo Furniture or London Bank. Geographic naming was the biggest thing during last couple of centuries, as using name of a village or a city as a moniker was considered being on top of the hill. more

“Thin Brand Line” Breaks as Canon Announces Plans for .CANON

Until today's announcement by Canon, no large brand had broken the "thin brand line" by revealing their plan to apply for their own new top-level domain. Now with Canon's announcement, other major companies have been challenged to either announce their TLD plans or else state that they plan to forgo the chance to brand themselves at the top level of the domain name space. more

ICANN’s Last Call for Whois Comments

From "Last Call for Whois Comments", a recent opinion piece by eWeek's Security Center Editor Larry Seltzer: "It's not a good sign when the criminals and the lawyers are on the same side of an issue; there may be no good solution to the problems of Whois service rules. Who would have imagined that so much business and so much abuse would center around Internet domain names? Certainly not the designers of the system, including those of the Whois service, which reports on ownership and some other data on domain names... 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

Generic Top Level Domain Insights for Q3 2015

Participants in the recently released Global Consumer described new generic Top Level Domains (gTLDs) as being "innovative", "trustworthy", "interesting", "informative", and "cutting edge". With such impressive descriptions, it appears that the industry has made significant progress in reaching the tipping point. Although Q3 reflects growth, it also highlights the varying degrees of performance and need for further advancement in developing consumer awareness and in turn, the health of the industry. 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

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

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

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

.ECO Top-Level Domain in Danger?

I once wrote about about the legal right objections on Guillon.info and with all these new generic Top-Level Domain (gTLD) announcements, I find it interesting to check if an application could be blocked by paragraph 3.2.2.2 of the latest Draft Applicant Guidebook. more