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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
"The domain name industry is kicking off one of its most fundamental shifts in its plumbing this week," Kevin Murphy reporting in Domain Incite. 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
The Uniform Domain Name Dispute Resolution Policy is a non-exclusive arbitral proceeding (alternative to a statutory action under the Anticybersquatting Consumer Protection Act) implemented for trademark rights' owners to challenge domain names allegedly registered for unlawful purposes. Policy, paragraph 4(a) states that a registrant is "required to submit to a mandatory administrative proceeding in the event that a third-party... 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
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
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
It can be hard to take a side. Especially when you are with a big organization. I know, I used to work for the United Nations and ICANN. Neutrality is a huge part of that work. Your role is not to take a stand; it's to create the space for other people to take stands. To create and protect a neutral platform. That's what we all thought the Internet Society (ISOC) was doing for us by running .ORG. more
What to one panelist is clearly bad faith conduct in filing a UDRP complaint, to another is excusable for lack of proof. The disagreement over reverse domain name hijacking centers on the kind of evidence necessary to justify it and the nature of the burden. RDNH is defined as "using the UDRP in bad faith to attempt to deprive a registered domain-name holder of a domain name." Rule 1, Definitions. more
As the year progresses the number of mergers and acquisitions in the domain industry is increasing at an impressive rate. Hot on the heels of GoDaddy's acquisition (saving?) of RegisterFly another media company acquires a domain company. Is anyone beginning to see a pattern emerging? Oversee.net has acquired SnapNames... It's an interesting acquisition for Oversee.net which already owns DomainSponsor as well as a very interesting portfolio of domains. 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
This is the second part of a 2-part series article describing a method for voting among owners of domain names. To read the first part of this article click here.
After a ballot closes, each registrar will send the summary results to at least two vote counting entities. These organizations will tally summary results obtained from each registrar. The totals of the summary results will be cross-checked against totals from the other vote counting entities. more
ICANN is currently seeking public comment on the subject of "closed generic" gTLD applications. It asks "whether specific requirements should be adopted corresponding to this type of application". It invites comments on what it defines as an "issue". In particular, ICANN wonders how an applied-for domain can be deemed a "closed generic" TLD, and whether there should be rules governing the way this TLD will be operated. 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
As widely discussed recently, observed within the ICANN community several years ago, and anticipated in the broader technical community even earlier, the introduction of a new generic top-level domain (gTLD) at the global DNS root could result in name collisions with previously installed systems. Such systems sometimes send queries to the global DNS with domain name suffixes that, under reasonable assumptions at the time the systems were designed, may not have been expected to be delegated as gTLDs. more
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