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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
AlpNames has been sent a notice of termination by ICANN. Unlike many termination notices that specify a future date, the one they were sent has an immediate effect. As reported in multiple fora over the last few days AlpNames had gone offline, and at time of writing still is. They've also become unresponsive. It's on the basis of this that ICANN decided to terminate their contract straight away. more
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
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
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
Some of ICANN's current proceedings on the introduction of new generic top level domains (gTLDs) provide a case study on how not to develop public policy. In particular, the Rights Protection Mechanism proceedings, with serious implications for trademark owners, have followed a course that does not correspond to the ideal of ICANN's bottom-up, consensus-based processes for policy development. More importantly, these proceedings are effectively unilateral developments in international law without the benefit of treaties or international conventions. more
Many of my friends in the civil-liberties and Internet-law communities have been criticizing the Internet Society's agreement to sell the Public Interest Registry, which administers the .ORG top-level domain. I'm a free-speech guy, so I support their right to raise all these criticisms. But they often ask me directly – knowing that my track record as an Internet civil-libertarian is longer than most – why as a member of the Internet Society (a.k.a. ISOC) board I decided to join the board's unanimous approval of the deal. more
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
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
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
While the global economy faced the challenges caused by the pandemic and society embraced new trends, the domain industry continued to expand thanks to the ongoing push toward digitalization. There is no sign of slowing down. The domain industry continued to move forward, embracing the internet's expansion: new trends, new technologies, niche markets and developments. more
If a hired philosopher graced ICANN, the work would get down to brass tacks. "What is it?", she would ask, that drives ICANN beyond the mysterious dot that apparently represents the root. One can picture subsequent appeals from senior management to its navels, for clues as to what in the end game the root truly represents. I surmise that contemplating bred-in-the-bone values does not resonate easily or often at ICANN. Its like that unreachable itch that evades our scratch; we can't get at the source. more
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
A triumph by the Internet Commerce Association (ICA) over tactics and legislation detrimental to domain name owners might end up being a case of winner's curse, a triumph bought at the expense of the industry. In picking this one battle to win, the association ignores a broader war, the range of issues our industry needs to address. 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
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