Domain Names

The Real Threat to the Single Root of the Internet Seems to Come from ICANN Itself, of All Places

The proposed final Guidebook for the New generic Top-Level Domains (gTLDs) and Internationalized Domain Name (IDN) gTLDs contains elements that raise grave risks to the ICANN single root of the Internet caused by none other than ICANN itself. Below is my intervention at the ICANN Cartagena Public Forum today. ICANN President and CEO Mr. Rod Beckstrom was prompt to reply and acknowledge the validity of my statement adding that ICANN is fully aware of the problem. more

ICANN and Monopolies

One thing that ICANN clearly lacks is a set of well documented and often referenced founding principles. This leaves the awkward position where everyone who has been around since the beginning has a different position on what those principles should have been and all those that have joined later know that there is something fundamental missing. The missing principle vexing me this week is that of fair competition. Even now, long after the gTLD vote, the argument still runs on... more

Will Launch of New gTLD Program Be Delayed as a Result of Recent Hearings?

Yesterday evening, the ICANN's Generic Names Supporting Organization (GNSO) held its last teleconference of the year. We had invited ICANN's new gTLD supremo Kurt Pritz to give an update on the recent US Congress hearings. Kurt was ICANN's spokesperson in both hearings, and felt that the first was more favourable to ICANN than the second. more

UDRP and the Law: Should Cybersquatting be the Default View?

I have returned to the subject of the title on a number of occasions and it is worth revisiting. Like judicial proceedings, the substance of disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and Panel determinations are publicly available. The Internet Corporation for Assigned Names and Numbers (ICANN) mandates in its Rules that all decisions must be delivered to the parties within "three business days" of their receipt of the decision and posted on providers' websites. more

ICANN Must Address Domain Tasting Ripple Effects

A registrar who also engages in domain tasting can inadvertently create ripple effects throughout the domain name industry. Thus, domain name owners must exert pressure on ICANN to reduce this risk. We are now experiencing ripple effects from the subprime market and its repercussions on related markets. ...there can be a problem when registrar functions and domain tasting are conducted by the same entity. Unmonitored coupling of seemingly unrelated markets can be devastating to our industry. more

Phishing in the New gTLDs

The new Anti-Phishing Working Group (APWG) Global Phishing Survey has just been released. Written by myself and Rod Rasmussen of IID, the report is the "who, what, where, when, and why" look at phishing, examining the second half of 2014. The report has many findings, but here I'll concentrate on the new gTLDs. The second half of 2014 was when an appreciable number of new gTLDs entered general availability and started to gain market share. more

.ECO Top-Level Domain in Danger?

I once wrote about about the legal right objections on Guillon.info and with all these new generic Top-Level Domain (gTLD) announcements, I find it interesting to check if an application could be blocked by paragraph 3.2.2.2 of the latest Draft Applicant Guidebook. more

Voluntary Collective Licensing of Brand-Sharing Domain Names

The essay outlines a market-driven and value-adding solution to brand use in domain names. The solution relies heavily on the Electronic Frontier Foundation's remedy to music file sharing. I propose its adoption for new registrations and renewals. Brand sharing in domain names is here to stay; desperate attempts to stop it through legal action are ineffective and will do nothing but destroy value. more

The Mosque and the Bazaar: Islam, ICANN, and the New gTLD Program

The launch of the new gTLD program in January, 2012 was undoubtedly one of the finest moments for ICANN; and rightly so. The launch was a culmination of thousands of hours of hard work by thousands of people from various countries, interests, and walks of life. In the end, a 338-page Applicant Guidebook with details about how the new gTLD program was to be implemented was produced. Thus was set the stage for the greatest cyberland rush in history. 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

Registration And Use Of Domain Name Infringing Another’s Trademark Ruled “Advertising Injury” Covere

The registration and use of an Internet domain name that allegedly infringes another's trademark is an "advertising injury" within the meaning of an insurance policy, and thus requires the accused company's insurer to provide coverage, according to a recent ruling by the U.S. Court of Appeals for the Fourth Circuit. In the same ruling, the Fourth Circuit also held that the domain name, because it led customers to advertisements at the related website, constituted use of the trademark "in the course of advertising." State Auto Property and Cas. Ins. Co. v. Travelers Indemn. Co. of Am. more

The Association of National Advertisers Blinders on New TLDs

I read with interest the piece by the Chairman of the Association of National Advertisers (ANA), Garry Elliot, in Advertising Age, which was partly prompted by my commentary in the same publication describing why new generic Top-Level Domains (gTLDs) could be an opportunity for some brands. He says: "From all I've seen, no matter how one tries to justify ICANN's process or the benefits it speculates will occur, it is simply impossible to defend the economics of the ICANN proposal. That is the Achilles' heel of this entire exercise. To paraphrase an old saying, 'It's the economics, stupid.'" more

Euro 2020 Part Two: eCommerce Marketplace Activity

Following our previous article on the Euro 2020 football tournament that looked retrospectively at domain name registrations relating to the competition, this article considers activity on eCommerce marketplaces. For this study, our Discovery Engine technology was used to conduct a regular series of scans across key international online marketplaces. We monitored for listings (offers of sale) relating to Euro 2020 clothing and merchandise. more

“Thin Brand Line” Breaks as Canon Announces Plans for .CANON

Until today's announcement by Canon, no large brand had broken the "thin brand line" by revealing their plan to apply for their own new top-level domain. Now with Canon's announcement, other major companies have been challenged to either announce their TLD plans or else state that they plan to forgo the chance to brand themselves at the top level of the domain name space. more

Port 43 Failures Continue to Haunt

On February 16, 2012 ICANN took the new step of suspending the Registrar Alantron's ability to register new names or accept inbound domain transfers. This new compliance tool was used following Alantron's apparently inadequate response to a breach notice issued November 7, 2011. The issue in part concerns Alantron's perpetual problems with Port 43 WHOIS access which is required by the Registrar Accreditation Agreement. more