Domain Names

ACPA Dilemma: Federal Court Denies Injunction in Landmark Case - Cybersquatting Loophole or Legal Oversight?

This case had a bit of a weird result -- even though the brand owner had a mark that was 20 years old, and the alleged cybersquatter, in the meantime, acquired a domain name on the open market identical to that mark, because the domain name was first registered (by an unrelated party) before the brand owner's trademark rights arose, there was no relief under federal trademark law. 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

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

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

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

More Warning Shots for ICANN, or the End of the Road?

Last fall, I wrote about ICANN's failed effort to achieve its goal of preserving the Whois domain name registration directory to the fullest extent possible. I predicted that if the policy effort failed, governments would take up the legislative pen in order to fulfill the long-ignored needs of those combating domain name system harms. That forecast has now come true through significant regulatory actions in the United States and the European Union in the form of a proposed directive from the European Commission (EC) and instruction from the US Congress to the National Telecommunications and Information Administration (NTIA). 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

CENTR Publishes a Paper on Domain Name Registries and Online Content

The Council of European National Top-Level Domain Registries (CENTR) has published a paper on Domain name registries and online content which explores the domain name registries' relation and role regarding content online. 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 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

Why Saving the NomCom Means Saving ICANN Itself

ICANN's 2012 Nominating Committee (NomCom) selections are out. After a yearlong process, the NomCom has selected new members for the ICANN Board (3 seats), the GNSO and ccNSO Councils (1 seat each) and ALAC (2 positions). For those unfamiliar with it, the NomCom is in theory independent of other ICANN bodies such as the Board and exists to help fill leadership positions on them. 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

What is Good Policy for a Domain Name Registry?

Back from the holidays I must admit I was thinking quite a bit on what is good policy for a registry? Of course I have my own personal favorites that I can not walk away from easily, but instead of thinking for too long, I decided to write down now immediately what is in my head. The main reasons for this are two: the decision by ICANN to change the rules for change in policy regarding the Add Grace Periods. 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

Everything You Should Know About a TLD Business Case, But Didn’t Know to Ask

Applying for a new Top-Level Domain (TLD) is an expensive and lengthy process, costing an estimated $500K for application and various legal and professional services. Central to the application is the business case. Even though ICANN requires an albeit simple version, most applicants must have a credible business case, especially if they need to secure internal approval, or more importantly attract and secure outside investment. Given the truth to the maxim "if you fail to plan, you plan to fail," some closer scrutiny of your business plan will pay dividends in the long-term... more