Domain Names

Dictionary Words Alone or Combined Functioning as Trademarks Are No Less Dictionary Words

By definition "any word" or "any combination of words" can function as trademarks, but whether alone or combined for that purpose no use can overrule their ordinary meanings, support their removal from the public domain, or prevent speculation or use of identical or confusingly similar words by businesses other than rights holders. The fact is, all words that are not coined found in dictionaries, word lists, and circulating in world cultures are generic. more

The Road Less Traveled: Time Is Running Out for NTIA-Verisign Cooperative Agreement

It is remarkable? - ?for all the wrong reasons? - ?that only two months remain before the National Telecommunications and Information Administration (NTIA) must make a fateful decision on how it will address its' long-standing Cooperative Agreement with Verisign? - ?the private-sector corporation that edits the authoritative address book of the Internet's Domain Name System (DNS), maintains two of the DNS root servers, and operates the .com and .net registries of the Internet, undoubtedly one of the most lucrative concessions ever granted. 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

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

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

New gTLD Expressions of Interest: Proceed with Caution

The ICANN Board, at its October 2009 annual meeting in Seoul, passed a resolution directing staff to prepare an analysis regarding the feasibility of ICANN soliciting Expressions of Interests (EOIs) from prospective applicants for new Generic Top Level Domains (gTLDs)... While this latest initiative should not distract ICANN from the remaining four overarching issues, if well executed, this EOI initiative could provide valuable insights into two of the four overarching issues: economics and root scaling. 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

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

Do You Know Who Your Domain Name Registrar Is?

A guy I know passed along this e-mail sent to one of his customers. They assumed it was a phish, since they didn't recognize the domain name in the link, but couldn't figure out what the goal of the phish was. They even checked the list of ICANN registrars, and nope, registrar.eu wasn't on the list. Nonetheless, this mail was real, and if the recipient had ignored it, his domain would have been suspended. What's going on? more

Playing the Long Game at the Internet Governance Poker Table

Poker players say if you can't spot the fish within your first 15 minutes at the table, you're the fish. With that in mind, I'm tempted to ask ICANN President Fadi Chehade who's the fish in the high-stakes game of global Internet governance we're now playing. In 2013, ICANN dramatically changed its course in the global Internet governance debate. For a decade ICANN largely stayed out of the game, allowing stakeholders to defend the multi-stakeholder model where private sector and civil society are on equal footing with governments. But in 2013 ICANN went on the offensive... more

Combinations of Dictionary Words in Domain Names: Common vs. Distinctive Phrases

The lexicon of domain names consists of letters, words, numbers, dots, and dashes. When the characters correspond in whole (identical) or in part (confusingly similar) to trademarks or service marks and their registrations postdate the first use of marks in commerce registrants become challengeable under the Uniform Domain Name Dispute Resolution Policy (UDRP) as cybersquatters. more

New TLD Application Window Opens Tomorrow - What Does It Mean? (Here are Answers to Some Basic FAQs)

Tomorrow, January 12th 2012 ICANN will open the application window for new TLDs. This post includes answers to some of the based frequently asked questions. If you have any other questions/queries, or if something is unclear please let me know via the comment at the end of the post. 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

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

DNSSEC Happy Talk Enters a New Era

So we finally have a signed root zone. Now when is someone going to answer the question I first asked over five years ago and have still not had an answer to: How do the domain name owner's keys get into the TLD? Before we have a system people can use there have to be technical standards, validation criteria and a business model. Where are they? more