Domain Names

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

Split UDRP Decisions on (Almost) Identical Domain Names

A company called Rocketgate PR LLC, which owns a U.S. registration for the trademark ROCKETPAY, filed two UDRP complaints on the same date against two different domain name registrants - for the domain names and . (The only difference is that the latter domain name is plural.) In both cases, the disputed domain names were associated with inactive websites. The UDRP cases were assigned to two different panelists, who issued their decisions one day apart. more

Delayed Enforcement Blocks Domain Name Lawsuit: Southern Grouts v. 3M

I'm often baffled by lawsuits over domain names and keywords because they just don't seem to make any economic sense. This lawsuit is especially perplexing given the plaintiff's delays and the seeming impossibility of the plaintiff reaching a profitable outcome, even if it won in court. What was the plaintiff thinking? more

JPA Agreement: Will it Change the Problems With the UDRP?

It was rather interesting to read this new agreement between the USDoC and ICANN talking about the mechanisms, methods and procedures necessary to effect the transition of Internet domain name and addressing system (DNS) to the private sector. What was more interesting though was to read in this very agreement the following: "...the Department continues to support the work of ICANN as the coordinator for the technical functions related to the management of the Internet DNS". OK, let's be honest! Technical? more

Kentucky Governor: All Your Gambling Sites Belong to Us

According to news reports, the governor of Kentucky has filed a suit in state court to seize 141 gambling domain names. His claimed authority is a 1974 law against "gambling devices", on the theory that a domain is a "device", and online gambling is taking money away from in-state horse racing and the lottery. The judge sensibly has said that he doesn't understand all the issues, and has given all sides a week to submit briefs. more

Three Things Registrars Must Do to Enhance Security

If the rise of phishing has taught us anything, it's that on the Internet, if a digital asset has value, there's somebody out there who wants to steal it. Whether it's a bank account password, a credit card number, a PayPal login, or even a magic sword in an online game, there's a fraudster somewhere trying to misappropriate it for his or her own nefarious purposes. Domain names have always been a target for such criminals. more

Next Generation gTLD Registration Directory Services (NG RDS) - Proposed Successor to WHOIS

The information in WHOIS database is very important to Law Enforcement Agencies, Intellectual Property Owners, and all Internet Users in general, who use this data to locate/contact domain name owners for various purposes including but not limited to enforcing laws or addressing grievances related to cybercrime and other cases of DNS abuse like Spam, Phishing, Malware etc. However, Privacy and Proxy Services are also available for many Top Level Domain Registries... more

Registration of Generic Names: Advocate General’s Opinion Before the Court of Justice of the EU

One of the most debated questions at the time of the opening of the .eu Top-Level Domain (TLD) was whether or not it was possible to register names on the basis of prior rights on signs which include special characters, such as an ampersand. The Advocate General of the Court of Justice of European Union has just published his opinion (4 years later...) more

WIPO’s UDRP ‘Overview’ Gets Bigger (and Better)

Just as the number of domain names and domain name disputes have expanded significantly in recent years, so, too, has WIPO's "Overview," which has been updated to address the growing complexity of cases under the Uniform Domain Name Dispute Resolution Policy (UDRP). WIPO has just published the third edition of its "WIPO Overview of WIPO Panel Views on Selected UDRP Questions" -- commonly referred to as "WIPO Jurisprudential Overview 3.0." more

i2Coalition and The Domain Name Association Announce Their Intent to Merge

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

WIPO Recommends Uniform Registration for New gTLDs

The World Intellectual Property Organization (WIPO) has recommended the introduction of a uniform intellectual property (IP) protection mechanism designed to further curb unauthorized registration of domain names in all new generic Top-Level Domains (gTLDs). The report, "New Generic Top-Level Domains: Intellectual Property Considerations", which is available at WIPO Arbitration and Mediation Center, says that such a preventive mechanism would complement the curative relief provided by the existing Uniform Domain Name Dispute Resolution Policy (UDRP). more

The Front Running Class Action Suit

In a recent press release, Los Angeles law firm Kabateck Brown Kellner says it's filed a class action suit against Network Solutions and ICANN for front running. (If you tuned in late, NetSol admits that if you query a domain name on their web site, they will speculatively register it so that it's only available through NetSol for five days, at their above market price.) This is a very peculiar suit... For one thing, it's hard to see how the total class damages would be large enough to be worth a suit... 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

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

Whois Policy Reform Advances

The Associated Press reports this week on ICANN developments involving the Whois reform. The Whois database, which displays domain name registrant information including names, addresses, phone numbers, postal and email addresses, has been the subject of years of debate within ICANN as many in the Internet community have expressed concerns about the mandatory disclosure of such personal information. The Generic Names Supporting Organization (GNSO) has successfully pushed for reform, though it is uncertain how the ICANN board will respond. more