Domain Names

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

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 Pace of Domain Growth Has Slowed Considerably, Reports CENTR

The global Top-Level Domain market is currently estimated at 348 million domains across all recorded TLDs. Although the overall domain count has continued to grow in all regions and types, the Council of European National Top-Level Domain Registries (CENTR) reports that the pace of growth has slowed considerably. 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

ICANN Culls Three More Domain Name Registrars

ICANN has announced that three more domain name registrars have lost their accreditation due to non-compliance with the RAA. The three registrars have been informed that their agreements with ICANN will not be renewed. South American Domains (NameFrog), Simply Named and Tahoe Domains have been sent letters by ICANN outlining the decision and the reasons for it. So what now? more

Register.com’s Director of Policy Responds to WLS Issue

Register.com has not taken a position for or against WLS. If and when the registry launches this service, Register.com will consider whether to offer it based on the price and conditions attached to the service. We are committed to delivering to our customers the best in class services available. Therefore, the registry's price will be an important factor. Moreover, we are concerned about some of the conditions currently being considered by ICANN - primarily, the "black out period." This is a period of time prior to the final deletion of a name, during which a registrar would be prohibited from selling a WLS subscription on a domain name that it sponsors. We consider this a condition that could confuse consumers and dampen domain name competition. more

Domain Names Overcoming Awareness Gap in Mainstream Media

One of the challenges faced by registries that are launching is that there is a large lack awareness of the new options being available -- to browse as internet users or to register a domain. In a recent survey conducted by the Domain Name Association, (TheDNA) (of which I am a member), people of varying aptitude and experience from the general population of 10 different countries were provided a series of questions about their browsing habits. 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

Confusingly Similar But No Likelihood of Confusion in UDRP

The word "confusion" in the Uniform Domain Name Dispute Resolution Policy (UDRP) signifies two separate states of mind. The first in ¶4(a)(i) appears in the phrase "identical or confusingly similar to a trademark or service mark in which the complainant has rights." It is a test to determine whether the mark owner has standing to maintain a UDRP proceeding. 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

Where to Search UDRP Decisions

Searching decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP) is important - for evaluating the merits of a potential case and also, of course, for citing precedent when drafting documents (such as a complaint and a response) in an actual case. But, searching UDRP decisions is not always an easy task. It's important to know both where to search and how to search. Unfortunately, there is no longer an official, central repository of all UDRP decisions that is freely available online. 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

Demystifying Statistical Approach to Domain Name Appraisals

Professional domain name appraisals have acquired a dubious reputation, and I understand the rational skepticism regarding their usefulness. In my recent paper, "Statistical Domain Name Appraisal: Same as What You're Doing, +/-," I try to demystify the statistical approach by pointing out its commonality with methods intuitively adopted by active domainers. It will also underscore some of the sources of skepticism toward various appraisal methodologies, and point out the advantages and limitations of statistical models. The paper concludes with a list of the conditions that can make a professional appraisal value adding, and with a plea for transparency. 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

ICA Questions ICANN on RegisterFly

The Internet Commerce Association sent this letter to ICANN yesterday in regard to the RegisterFly situation: "I am writing to you in my capacity as Counsel to the Internet Commerce Association (ICA), a non-profit trade association dedicated to promoting and protecting the rights of domain name (DN) owners... It has come to our attention that an ICANN-accredited registrar is in the midst of what appears to be a near-complete operational breakdown, and that its ongoing failure to carry out its responsibilities is causing substantial economic loss to tens of thousands of DN registrants in both the United States and multiple foreign jurisdictions." more