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How to Protect Your Brand in Web3

In 2014, computer scientist Gavin Wood coined the term "Web 3.0." The phrase, which has now been shortened to "Web3", refers to the third generation of the internet that's designed to be truly decentralised and free from a central authority. Web3 has the potential to add real-world value for businesses by creating additional avenues to reach consumers. However, owing to its less regulated nature, brands also have the potential to be taken advantage of both by users and by the providers in the space. more

First New gTLDs Go Live on the Internet, Announces ICANN

The Internet Corporation for Assigned Names and Numbers (ICANN) today announced that the first new generic Top-Level Domains (gTLDs) from its New gTLD Program were delegated. This means they were introduced into the Internet's Root Zone, the central authoritative database for the Internet's Domain Name System. more

A Perspective on Verisign’s Patent Application on Domain Name Transfers

As the battle rages over threats to the Internet architecture, a recent publication over the Patent Application for Domain Name Transfers by Verisign is disturbing for those who advocate an open and free Internet. The Application is based on an immediate and direct threat towards an open and free Internet. Just in case people are tempted to think that this was a prank given that they filed it on the 1 April 2011, searches at the United States Patents and Trademark Office (USPTO) reveals that this is a legitimate application . more

Revisiting Reverse Domain Name Hijacking

The conduct that reverse domain name hijacking (RDNH) was crafted to punish is "using the [Uniform Domain Name Dispute Resolution Policy] in bad faith to attempt to deprive a registered domain-name holder of a domain name." There are several variations ranging from the plain vanilla, claims that should never have been brought – mark owners whose rights postdate the registration of the challenged domain name as in Vudu, Inc. v. WhoisGuard, Inc. / K Blacklock, D2019-2247... 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

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

Why Don’t GAC Representatives Follow Their Own National Law?

A few weeks ago ICANN's domain name policy making organ (the GNSO) decided that the purpose of Whois was domain name coordination and not compulsory surveillance of domain name registrants. The US and Australian governments expressed their opposition. The US government's lack of concern for privacy is well known. But what about Australia? The Australian ICANN Governmental Advisory Committee (GAC) representative, Ashley Cross, tried to use his authority as "a government" to intimidate the GNSO, sending it a message announcing that "Australia" supports a broader definition of Whois purpose that gives ICANN a blank check... What does "Australia" really support, however? more

A Framework for Selecting New TLDs

Your corporate domain names send implicit messages (signals) through their Top-Level Domains (TLDs) and their second-level words. Shape your domain names so to send the right messages and to avoid sending unintentionally confusing messages. The post focuses on a framework to help bidders determine which TLDs send messages that are potentially profit generating... Soon TLDs such as ".car," ".cars," ".green," and ".eco" will be available to any qualified body whose request is favored by the allocation system. The system being discussed is a combination of beauty contests and auctions. more

Long Live the Neodomainers: The Domain Game, Good or Bad

David Kesmodel's to be released book The Domain Game, irrespective of how it is received, will undoubtedly catapult the industry into a new era: that of the neodomainers, the super crunchers. To analyze the impact of the book on the industry, let's look at stylized exchange scenarios featuring a domainer as intermediary (an intermediary in that he or she acquires from the seller and then hopes to resell to the buyer)... more

How Can ICANN Improve Institutional Confidence?

This week ICANN held a public consultation in Washington, D.C., where ICANN's President's Strategy Committee (PSC) solicited remarks from a packed audience of intellectual property (IP) lawyers, domain name registrars and other Internet stakeholders on how the organization can improve institutional confidence. No surprise, ICANN's decision to add new generic top-level domains (gTLDs) to the Internet was on many participants' minds. 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

Will .cn Become the New .com?

I recently came across a chart of the most popular top-level domains (TLDs), compiled by Stephane Van Gelder. Although I keep track of country code TLD registrations for the Country Codes of the World map (see also related CircleID post), Stephane tracks all domains, including .com, .net., etc. And when I saw it I got to thinking... more

Cybersquatting and Geopolitics Heats Up

Cybersquatting is so 2000, or so we thought. The Uniform Dispute Resolution Policy (UDRP) at WIPO has been chugging along for several years now, methodically determining if complainants IP rights have been violated and reassigning "ownership" of domain names. Typically, the cases are fairly boring. But some recent developments in the world of 800 lb search gorillas, Google and Baidu, suggests that the regime could be faced with substantial pressure in the near future. more

Domain Name Case Under ACPA Failed Because Trademark Was Not Distinctive

The federal Anticybersquatting Consumer Protection Act (ACPA) [15 U.S.C. 1125(d)] is a provision in U.S. law that gives trademark owners a cause of action against one who has wrongfully registered a domain name. In general, the ACPA gives rights to owners of trademarks that are either distinctive or famous at the time the defendant registered the offending domain name. The Eleventh Circuit Court of Appeals recently affirmed the decision of a lower court that dismissed an ACPA claim... more

DCA Open Letter to Congress in Defense of the Status Quo on Global Internet Governance Model

As spearhead of the Yes2DotAfrica Campaign, I recently wrote a letter on behalf of DCA, to the Chairman of the United States Senate Committee on Commerce, Science & Transportation, Senator Jay Rockefeller which was also copied to other U.S. leaders and officials to express support for the present status quo on Global Internet Goverenance and a Reaffirmation of the Mult-stakeholder model. The full text of the letter is published in this post. more