Domain Names

ICANN’s New gTLD Double Standard?

Over the last two days I have sat in a room and watched a rather interesting dynamic unfold between the ICANN Board and its Government Advisory Committee (GAC). While I remain optimistic of there being a responsible closure to the new gTLD implementation process within the next six months, an apparent double standard being used by the ICANN Board could be a potential stumbling block. more

Funky Ninth Circuit Opinion on Domain Names and Nominative Use - Toyota v. Tabari

Every time I see a federal appellate opinion on domain names, I'm vaguely reminded of the Country Joe song I-Feel-Like-I'm-Fixin'-To-Die Rag, whose course goes "And it's one, two, three, what are we fighting for?" Fortunately, domain name disputes do not lead to the senseless loss of life we experienced from the Vietnam War. Unfortunately, lengthy domain name litigation usually has little more strategic value. more

Despite Voice and AI Hype: the Domain Name Remains Crucial in Marketing

In the early days of the internet, companies only needed a simple web presence to be among the pioneers of digitization. Playfully animated hover buttons and electronically-synthesized background music were commonly accepted standards. To appear on a search engine, webmasters simply had to submit the URL of their website. more

Cybersquatting and Geopolitics Heats Up

Cybersquatting is so 2000, or so we thought. The Uniform Dispute Resolution Policy (UDRP) at WIPO has been chugging along for several years now, methodically determining if complainants IP rights have been violated and reassigning "ownership" of domain names. Typically, the cases are fairly boring. But some recent developments in the world of 800 lb search gorillas, Google and Baidu, suggests that the regime could be faced with substantial pressure in the near future. more

ICANN CEO “Cautiously Optimistic” EU to Provide Clear Guidance for Domain Industry GDPR Compliance

"ICANN could invoke emergency powers in its contracts to prevent Whois becoming 'fragmented' after EU privacy laws kick in next month," reports Kevin Murphy in Domain Incite. more

ICANN IPC & BC to Host Cross-Community Call on Accreditation/Access Model for Non-Public WHOIS Data

The ICANN Intellectual Property Constituency (IPC) and Business Constituency (BC) will be hosting a community-wide discussion regarding the proposed accreditation and access model for non-public WHOIS data, which was first circulated to the community during ICANN 61. The discussion will take place via ICANN-supported remote participation and/or audio bridge this Friday, April 6, 2018, from 1400-1600 UTC. more

Google Does the Right Thing Opening Several Closed Generic TLD Applications

Over the last few months one of the areas of attention in the new TLD project has been "closed generics". I've written about this several times in the past and I've also raised the issue in as many fora as possible. Yesterday ICANN published a letter they'd received from Google with respect to several of their new TLD applications. more

Microsoft Takes Legal Action Against North Korean Cybercrime Group, Takes Down 50 Domains

Microsoft has taken control of 50 domains used by a North Korean cybercrime group dubbed "Thallium" to steal information from users, including government employees, think tanks, university staff members, and those working on nuclear proliferation issues. more

First New gTLDs Go Live on the Internet, Announces ICANN

The Internet Corporation for Assigned Names and Numbers (ICANN) today announced that the first new generic Top-Level Domains (gTLDs) from its New gTLD Program were delegated. This means they were introduced into the Internet's Root Zone, the central authoritative database for the Internet's Domain Name System. more

Logical Deduction on Why New TLDs Will Not Increase Costs for Trademark Holders

Paul Stahura published a great report demonstrating that trademark holders have historically not been blocking their names across multiple Top-Level Domains (TLDs). I have always been a fan of number crunching -- "numbers never lie". Since Paul has already done a remarkable job of statistical analysis, I am going to wear my theorist hat and prove a reworded form of the Hypothesis using logical deduction and common sense... more

European Privacy Authorities Object to ICANN Whois Proposals

In response to a letter from ICANN's Noncommercial Users Constituency (NCUC) to data protection authorities concerning overreaching requests of law enforcement agencies in ICANN's ongoing Registrar Accreditation Agreement negotiations, the Article 29 Data Protection Working Party has written the ICANN Board. more

Building a Strong, Sustainable Domain Name Industry - With Integrity

This week, I had the privilege of presenting at NamesCon on behalf of the Domain Name Association (DNA) -- in my position as Chair of the Board -- to provide an update on our activities and an assessment of our progress as an industry in light of the goals of the DNA. In summary, there is still a long way to go with many challenges to address. Despite this, there is much to be excited about and incredible opportunity for our combined success. Included here is a transcript of my speech. I welcome feedback and comments. more

Unforeseen Legal Consequences of Implementing Internationalized Top-Level Domains

ICANN is currently analyzing technical and policy implications regarding the introduction of Internationalized Top-Level Domains into the root. This is an important step in the continued evolution of the Internet by enabling language communities of the world that write non-Latin and extended Latin scripts to utilize their languages on the Internet... While the IDNC Working Group (IDNC) has made constructive progress on proposing a framework for the introduction of an initial set of IDN TLDs, the approach taken by the IDNC from a legal perspective is fundamentally flawed. more

Implications of ICANN’s New TLD Disqualification Policies and Cybersquatting 3-Strike Law

ICANN's proposed final applicant guidebook unraveled some new policies that would disqualify applicants from the new TLD program. ICANN states that if you lose 3 UDRP cases, you will be disqualified from being a major shareholder, partner, officer, director of a new top-level domain registry... Has ICANN opened a new can of worms with the 3-strike rule? more

How Can ICANN Improve Institutional Confidence?

This week ICANN held a public consultation in Washington, D.C., where ICANN's President's Strategy Committee (PSC) solicited remarks from a packed audience of intellectual property (IP) lawyers, domain name registrars and other Internet stakeholders on how the organization can improve institutional confidence. No surprise, ICANN's decision to add new generic top-level domains (gTLDs) to the Internet was on many participants' minds. more