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Legal trademark issues related to domain names will take a long time to resolve. Meanwhile, using a statistical model to determine infringement benefits all parties. The legal system has not yet established comprehensive and easy to understand rules under which a domain name is considered to infringe on a third party's trademark. The vacuum allows trademark owners and their agents, such as the Coalition Against Domain Name Abuse (CADNA), to sue domain name owners pretty much at will, but doing so is not always in the best interest of trademark holders. more
Would you be interested in helping guide the future of the Public Interest Registry (PIR), the non-profit operator of the .ORG, .NGO and .ONG domains? If so, the Internet Society is seeking nominations for three positions on the PIR Board of Directors. The nominations deadline is Monday, November 30, 2015. Find out more information about the positions and the required qualifications. more
Offensive domain-name registrations require strategic corporate decisions. Second, they require different strategic and tactical remedies when third parties register desired names. Thus, different organizational approaches are necessary to manage domain name risks and rewards. The essay identifies the strategic differences and remedies for the two types of domain names, and outlines the implications for internal work-flow organizational structures. more
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
I'm often baffled by lawsuits over domain names and keywords because they just don't seem to make any economic sense. This lawsuit is especially perplexing given the plaintiff's delays and the seeming impossibility of the plaintiff reaching a profitable outcome, even if it won in court. What was the plaintiff thinking? more
In a strongly worded ruling, a U.S. Federal Court Judge has ruled in ICANN's favor and denied plaintiffs' motion for preliminary injunction. Dotster and two other ICANN accredited registrars had asked the court for an order prohibiting ICANN from finalizing approval of VeriSign's proposed new "Wait Listing Service" (WLS). Plaintiffs alleged that WLS is "anti-competitive" and that ICANN breached its obligations under the registrar accreditation agreement (RAA) when ICANN gave preliminary approval to WLS last year. The court disagreed, ruling [PDF] as follows: more
CENTR has published the latest edition of its CENTRstats Global TLD report, a quarterly publication that presents statistics and trends in domain name registrations of European country-code domains and the wider global market. more
Following our previous article on the Euro 2020 football tournament that looked retrospectively at domain name registrations relating to the competition, this article considers activity on eCommerce marketplaces. For this study, our Discovery Engine technology was used to conduct a regular series of scans across key international online marketplaces. We monitored for listings (offers of sale) relating to Euro 2020 clothing and merchandise. 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
Tomorrow, January 12th 2012 ICANN will open the application window for new TLDs. This post includes answers to some of the based frequently asked questions. If you have any other questions/queries, or if something is unclear please let me know via the comment at the end of the post. more
Using the purchase by Toys "R" Us of Toys.com as an example, I outline the problems that come with using the popular ascending auction design and point out some of the potential strategic uses and signals of the domain name acquisition. Toys “R” Us paid $5.1 million in February 2009 for Toys.com. It outbid five others, including National A-1 Advertising and Frank Schilling... more
Social media platforms like Instagram and Facebook have become key places for businesses to communicate with customers and even sell directly to consumers. Yet when it comes to actually making a purchase, do consumers trust a social media site over a domain? This is a relevant question for virtually every business. Earlier this year, we designed a survey to answer this question... more
Paul observed that most new domain names are malicious. Are they? Since the "dawn of tasting", some 30 million domain names have been created for the purposes of interposition on existing name to resource mappings. That is a third of the .COM historical growth, and mostly in the last five years. ... It is difficult not to conclude that interposition on persistent, public referents is without malice, and that the malicious parties are advertisers seeking to transform public referents into private property, as promotional devices... more
Where outcomes depend on a word’s meaning, the first task is to define it. “Registers” which is one of the keywords in the Anticybersquatting Consumer Protection Act (ACPA), is still in the process of definition. Its statutory context provides that a domain name registrant is liable to the owner of a mark if “it has a bad faith intent to profit from that mark … and (ii) registers, traffics in, or uses a domain name [corresponding to a mark] that … is distinctive at the time of registration of the domain name [and] is identical or confusingly similar to that mark. more
A company called Rocketgate PR LLC, which owns a U.S. registration for the trademark ROCKETPAY, filed two UDRP complaints on the same date against two different domain name registrants - for the domain names
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