Domain Names

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

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

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

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

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

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

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

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

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

Good Faith and Abusive Registration of Domain Names

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

How Not to Develop Public Policy

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

ICA Anti-Phishing Victory Might Be a Curse!

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

The Missing Link in Dotless Domains

Well more than a year ago, ICANN's Security and Stability Advisory Committee published SSAC 053, its paper on single-label domain names - now referred to in the community as "dotless" domains - advising against their use. In a robust comment period, the community weighed in on the utility and safety of dotless domains, with some in favor and some opposed. To address the matter, ICANN has commissioned further study of the issue with an eye toward resolving the issue for new gTLD applicants. more

Defensive Domain Name Registrations – Exactly Where Should They Resolve?

Domain names can be valuable assets, but many corporate domain name portfolios consist of non-resolving domains. In a recent survey conducted by Brandsight, more than 91% of domain professionals said that ensuring domains redirect to relevant content was an extremely important or somewhat important goal. That said, it's not uncommon for less than half of corporate domain name portfolios to point to live content. more

Some Considerations for New TLD Operators from a Registrar Perspective

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