Domain Names

Does the UDRP Interfere With Free Speech Rights? – The StopSpectrum.com Decision

How to properly balance the commercial rights of a complainant with the free speech rights of a respondent has challenged a generation of Uniform Domain Name Dispute Resolution Policy (UDRP) panelists. Panelists have adopted a variety of approaches and consensus has been elusive. Paragraph 4(c)(iii) of the Policy provides that a respondent may have a right or legitimate interest in a disputed domain name... more

Dot Brands Should Not Rush to Market, but Build Effective Strategies First

Brands applied for their new gTLDs to protect their brand and ensure they didn't miss an important new opportunity, but few had a clear business case for how they would use the gTLD platform when they applied. As brands approach the July 29th contracting deadline, the inevitable question is arising: "What do we do with this?" more

The Wayward AntiCybersquatting Consumer Protection Act

The Anti-Cybersquatting Consumer Protection Act (ACPA) has lost its way. The ACPA was passed in an era of domain name land grabs, where nefarious individuals would register and warehouse oodles of valuable domain names, and then extract ransom from bewildered-trademark owners. These nefarious individuals are known as "cybersquatters", and, according to the ACPA, they are bad. The Ninth Circuit, in an early reading of the ACPA, stated... more

WIPO Becomes First Non-Chinese Entity to Provide Domain Dispute Resolution Services for China’s .cn

WIPO's Arbitration and Mediation Center earlier this month became the only non-Chinese entity to provide domain name dispute resolution services for the .CN and .?? (China) country code Top-Level Domain (ccTLD). more

dot Brands Need to Look Under the Hood Before Partnering

As the countdown for the ICANN gTLD program ticks away its final 100 days, potential dot Brand applicants have to make important decisions in a short space of time: whether to apply for a new TLD, how to best leverage a new top-level domain, and which gTLD partner to choose. Most dot Brand applicants have excellent IT departments, but these resources are already over-stretched with current projects, and they likely lack the specific skills and experience needed to meet ICANN's exacting standards in the highly specialized area of top-level domain registry technology. more

Price Increases for .COM and .NET: The Generated Impact on the Performance of the Two TLDs

Verisign announced a few days ago a decrease of 0.4 million domain name registrations for .COM and .NET Top Level Domains, a first time in the history of these TLDs. Could this decrease be related to the successive price increases of September 2021 and September 2022? On 28 July 2022, Verisign, the registry for the .COM and .NET TLDs, announced that it would be applying a 10% increase in the price of .NET domains as of 1 February 2023. more

Launch of .PARIS

Yesterday, hundreds of sweaty ICANN attendees put on their best clothes and braved the crush of the rush hour metro on a very hot day to crush together for the ICANN gala at the overwrought Hotel de Ville (city hall) in Paris. Most of them missed an interesting announcement. I arrived an hour late, but even so food and drink were not yet served (not even water), and everyone was in desperate need of provisioning. The dull roar of heat-induced complaining drowned out the dignitaries making speeches at the far end of the hall. more

Securing Weak Links in Supply Chain Attacks

We've all heard the term, "you're only as strong as your weakest link." Whether talking about a tug of war on the playground, a sports team, or a business, this rings as true as ever. Every business relies on a series of suppliers and vendors -- be it the dairy farm supplying milk to the multinational food manufacturer or the payment systems that retailers use. These links form supply chains that every business, large and small, deals with. There is simply no way around it. more

The Whois Wars Go On

There is a lot of discussion about the Expedited Policy Development Process (EPDP) Phase 2 report on evaluating a System for Standardized Access/Disclosure (SSAD) to non-public gTLD registration data after the decisions taken by the GNSO Council on September 24th. Notably, the Business Constituency (BC) and the Intellectual Property Constituency (IPC) have voted against the adoption of the Final Report of the EPDP team. more

The New gTLD Market Will Improve Very Slightly Over the Next Year or So, ICANN Predicts

According to ICANN’s latest budget predictions, new gTLD market will improve very slightly over the next year or so. more

NTIA Committed to ICANN Reform

National Telecommunications and Information Administration (NTIA) has made a long term commitment to taking the actions necessary to reform ICANN. Specifically, the Department of Commerce's Strategic Plan for FY 2004-2009 discusses the need for NTIA to take action to reform ICANN. The Strategic Plan details three Strategic Goals for the Department to achieve over the next five years. The second goal is to "Foster science and technological leadership by protecting intellectual property, enhancing technical standards, and advancing measurement science."  more

Internet Penetration in the Middle East has Tripled in the Past 8 Years, New Arabic Domains Credited

Internet penetration in the Middle East tripled in the past eight years, from 20 per cent in 2009 to 60 per cent this year as a result of the introduction of Arabic domain names. more

Why ICANN Rejected ISOC’s Billion-Dollar Attempt At Feathering Its Own Nest With .org Sale?

As I've pointed out in recent articles, the promises and obligations of the Memorandum of Understanding (MOU) are merged by direct reference into the InterNIC licensing agreement between the U.S. Department of Commerce and ICANN. This licensing agreement has been extended twice by mutual consent, most recently until January 2025. Therefore, the MOU's promises and obligations remain in effect through the InterNIC licensing agreement despite the fact that the MOU itself terminated in 2009. more

ICANN (TBD): Why is ICANN Always to Blame and What to Do About It

With great anticipation I waited for the most recent Applicant Guidebook version 4 aka DAG4. I was looking forward to seeing gTLD program timeline. Was it possible that ICANN would give us another timeline and be firm with it? And then I saw it. Those 3 letters next to the new October 2010 launch date: tbd. So the date is October 2010 but it is "To Be Determined"? On one hand we have a set date but on the other hand it is yet to be determined. more

Funky Ninth Circuit Opinion on Domain Names and Nominative Use - Toyota v. Tabari

Every time I see a federal appellate opinion on domain names, I'm vaguely reminded of the Country Joe song I-Feel-Like-I'm-Fixin'-To-Die Rag, whose course goes "And it's one, two, three, what are we fighting for?" Fortunately, domain name disputes do not lead to the senseless loss of life we experienced from the Vietnam War. Unfortunately, lengthy domain name litigation usually has little more strategic value. more