Domain Names

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

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

Future of .io Domain Uncertain as UK Relinquishes Chagos Islands

The United Kingdom's recent decision to relinquish control over the Chagos Islands as part of a treaty with Mauritius has raised significant questions about the future of the popular .io domain. 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

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

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

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

DNA University Launches to Support Domain Name Industry

In pursuit of continued domain name industry success, the Domain Name Association (DNA) is delighted to announce the launch of the next industry resource -- the DNA University. The aim of the DNA University is to establish a dedicated education platform to facilitate the exchange of ideas, best-practice methodologies and continued development of the industry's combined expertise. To this end, the DNA University will offer stakeholders an opportunity to share their experiences, learn from each other and provide a forum to incubate concepts that will advance the domain name industry. 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

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

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

Psst! Do You Know Anyone Developing Blockchain Applications?

The International Trademark Association's Blockchain Subcommittee is interested in meeting companies working on Blockchain applications related to intellectual property. The Blockchain Subcommittee's mission is to explore the use of blockchain technology in trademark prosecution, maintenance, protection, and practice, including the opportunities and threats to the value of trademarks, brands, and consumer trust in emerging blockchain technologies. 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

A Failed Whois Policy

ICANN's two-year effort to purportedly preserve the Whois public directory to the greatest extent possible while complying with GDPR has failed. Under the latest proposal, the Whois database, once a contractually-required directory of domain name registrants, will be gutted to the point of virtual worthlessness, as registrars, registries, academics, and hand-wringing others ignored the public interest and imposed ever-higher barriers to legitimate, GDPR-compliant access to registration data. more