Domain Names

Buying Multiple Domains Makes Sense

Companies usually use one single domain name for their online activities but then, more questions pop up: SEO, Infringement, Future of the company, monitoring online competition... If buying multiple domain names answers some of these questions, there is a way to do it. Here is how... It often happens that the domain name of a company is neither the generic keyword of its core business nor a keyword that necessarily appears attached to its name. more

Study Finds GDPR Has Had Minimal Impact on Spam and Domain Registrations

Contrary to concerns regarding the effect of GDPR, "not only has there not been an increase in spam, but the volume of spam and new registrations in spam-heavy generic top-level domains (gTLDs) has been on the decline." more

61 Businesses Tell ICANN New TLDs Are Needed to Help Consumers, Encourage Innovation, Avoid Chaos

Sixty-one businesses, organizations, and individuals, including many of the domain industry's major players, yesterday sent a letter to ICANN, detailing the reasons why new top-level domains are required without delay. If you're interested in top-level domains, or if you just want to understand why they are important to the Internet, this letter lays out the reasons clearly and succinctly, with a minimum of jargon. more

DNSSEC Adoption Part 3: A Five Day Hole in Online Security

Implementing security requires attention to detail. Integrating security services with applications where neither the security service nor the application consider their counterpart in their design sometimes make plain that a fundamental change in existing practices is needed. Existing "standard" registrar business practices require revision before the benefits of the secure infrastructure foundation DNSSEC offers can be realized. more

Fear of New gTLD Monopolies Is Overblown

You should not worry too much if some of the new generic Top-Level Domain names (gTLDs) become monopolies. ICANN and the registries won't charge monopoly prices as long as they have to worry about the government stepping in. Monopolies normally present two problems for consumers: restricted output and higher prices. In the case of the new gTLDs, restricted output is caused only by ICANN's monopoly over approving gTLD applications. more

Tracking the Line that Separates Cybersquatting from Trademark Infringement

The Uniform Domain Name Dispute Resolution Policy (UDRP) is a rights protection mechanism crafted by the World Intellectual Property Organization (WIPO) and adopted by the Internet Corporation for Assigned Names and Numbers (ICANN) for trademark owners to challenge the lawfulness of domain name registrations. Cybersquatting or abusive registration is a lesser included tort of trademark infringement, and although the UDRP forum is not a trademark court, as such, in some ways it is since it empowers (assuming the right alignment of facts) to divest registrants of domain names that infringe a complainant's trademark rights. more

UDRP Complaint: Actually, a Motion for Summary Judgment

Trademark owners (and here I'm talking about those with U.S. registrations even if they are foreign entities) have a choice of forum for challenging alleged cybersquatting domain names. They can either sue in district court under the ACPA, or get a quicker and less expensive result by filing a complaint and asserting a claim under the UDRP. But to get to a quicker and less expensive result everything about the process is accelerated, and this begins with drafting the complaint. more

Are Click Fraud Numbers Being Exaggerated by the Traditional Media?

As you certainly noticed, a lot of traditional media has recently been focusing on click fraud. Is it as big of an issue as it is made out to be, compared to traditional advertising? Unfortunately Eytan Elbaz of Google will not answer this question with statistics, but he lets us know that Google has the problem under control. Here are some notes based on the Click Fraud Session at the Targeted Traffic Conference in Hollywood, Florida last week. more

ICANN’s New gTLD Process: Hype and Reality

At its 32d International Junket Meeting last week, ICANN's Board approved the GNSO Council's recommendations for the eventual addition to the root of new generic top-level domains (gTLDs). This means that eventually, when the staff drafts, community comments upon, and Board approves implementation processes, those with deep pockets will have the opportunity to bid for new TLD strings... more

A Case for Dot-Outlet TLD

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

ICANN’s Allocation Method for New TLDs

ICANN recently commissioned a report from Power Auctions LLC to investigate the merits of auctioning new Top-Level Domains (TLDs). Below I outline some of the issues related to stakeholder interests and mechanism design... Successfully managing the design of an allocation mechanism for new TLDs will entail coordinating functions across various competencies. To rely on a standard auction mechanism for the allocations would be a historic setback for the domain name industry, as successful allocation design is all in the details. more

ICANN: Do Not Allow Closed New gTLDs With Generic Strings

Within the next year, the ICANN Board may well face a decision that will help determine whether ICANN is capable of serving the global public interest or whether it is degenerating into an industry-controlled self-regulatory association. The issue can be framed quite simply: will ICANN approve a process for the creation of a new wave of new generic top level domains that will include "closed generic" gTLDs? more

Domain Names Identical to Trademarks But No Likelihood of Confusion

Confusion is a basic element in both cybersquatting and trademark infringement. It appears twice in the UDRP; once in paragraph 4(a)(i) in the adjectival phrase "confusing similarity", and once in paragraph 4(b)(iv) in the phrase "likelihood of confusion." Each use of the distinctive phrases is directed to a different observer. More of this in a moment. The first relates to standing; the second to infringement. Unless a party has standing it can have no actionable claim. more

Have New Domains Had Our Twerking Moment?

There's a lot of .buzz about Google's new holding company, Alphabet. From .NYC to .London to .Tokyo the "new Google" story is making .news everywhere, as the .media large and small speculates on what it means for the .online and .tech industries, and beyond. After all, as one of the .top brands and companies in the .world, when Google makes a move it can have .global impact. more

Domaining Registrar Defeats Cybersquatting Lawsuit: Philbrick v. eNom

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