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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
Using the purchase by Toys "R" Us of Toys.com as an example, I outline the problems that come with using the popular ascending auction design and point out some of the potential strategic uses and signals of the domain name acquisition. Toys “R” Us paid $5.1 million in February 2009 for Toys.com. It outbid five others, including National A-1 Advertising and Frank Schilling... more
The advance teams are already gathered in Tunisia ahead of next week's second phase of the World Summit on the Information Society, and those of us on the press list are being deluged with announcements, releases, notices and invitations to meetings. The meeting, which runs from 15-18 November, is an opportunity to look at the progress that has been made since December 2003, when representatives and heads of state gathered in Geneva. more
Legal trademark issues related to domain names will take a long time to resolve. Meanwhile, using a statistical model to determine infringement benefits all parties. The legal system has not yet established comprehensive and easy to understand rules under which a domain name is considered to infringe on a third party's trademark. The vacuum allows trademark owners and their agents, such as the Coalition Against Domain Name Abuse (CADNA), to sue domain name owners pretty much at will, but doing so is not always in the best interest of trademark holders. more
Would you be interested in helping guide the future of the Public Interest Registry (PIR), the non-profit operator of the .ORG, .NGO and .ONG domains? If so, the Internet Society is seeking nominations for three positions on the PIR Board of Directors. The nominations deadline is Monday, November 30, 2015. Find out more information about the positions and the required qualifications. more
This morning I read a catchy titled article on CircleID "China Closing the Door to New Technologies". I was trying to make sense of what all the fuss is about... So I called up my friends in Ministry of Industry and Information (MIIT) for lunch to find out what's going. more
"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
Why would the Association of National Advertisers (ANA), representing 400 member organizations and their 10,000 brands that spend $250 billion annually, be so wrong about ICANN's generic top-level domain (gTLD) program? They're complaining as if new gTLDs are being sold overnight in dark alleys with a no questions asked policy in exchange of a large suitcase filled with newly printed currency. This is definitely not the case, so what did they miss? more
The Internet Infrastructure Coalition (i2Coalition) and The Domain Name Association (DNA) have announced their intent to merge, forming the largest Internet infrastructure advocacy group in North America. more
Attendees at the public ICANN meeting in Brussels today heard from over two dozen companies that have implemented or are planning to support DNSSEC, the next-generation standard protocol for secured domain names. It is clearer than ever before that DNSSEC is becoming a reality. more
As I've written before, the Uniform Rapid Suspension System (URS) - the domain name dispute policy applicable to the new generic top-level domains (gTLDs) - is just not catching on. Whether because of its limited suspension remedy, high burden of proof or other reasons, the URS remains unpopular among trademark owners. However, there's one interesting use to which the URS can be put. more
Earlier this week Verisign sponsored a two day conference on name collisions in the DNS. Despite the very short time frame in which it was organized, only a month from announcement to meeting, there were some very good presentations. I'll just hit some highlights here; all of the papers and slides are on their web site at namecollisions.net. Sunday morning started with a keynote by Bruce Schneier, who is not a DNS expert (and doesn't claim to be) but had some interesting observations on names in general. more
The global internet, from the perspective of its billions of users, has often been envisioned as a cloud -- a shapeless structure that connects users to applications and to one another, with the internal details left up to the infrastructure operators inside. From the perspective of the infrastructure operators, however, the global internet is a network of networks. It's a complex set of connections among network operators, application platforms, content providers and other parties. more
British registry Nominet has launched a consultation on whether .UK should be opened up at the top level under a scheme called direct.uk. Currently, registrations are only allowed at the second level, .CO.UK being Britain's main Internet suffix. The question really isn't should this be done. The question is: why has it taken so long to get here? more
New gTLDs continue to be a major topic of discussion within ICANN circles, and the regional meeting currently underway in Tokyo has revealed some interesting updates for potential applicants. ICANN's Chief gTLD Registry Liaison, Craig Schwartz, delivered a great presentation on the progress being made behind closed doors at ICANN and provided the attendees with an insight into a couple of key changes that are likely to be seen in the Final Applicant Guidebook. more
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