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Although I don't have a lot of sympathy for the trademark lawyers' argument that trademark holders need to register .sucks domains cheaply before anyone else can, there is one point at the end of their letter that's worth a look. The registry contract for .sucks, between Vox Populi and ICANN, has this sentence that appears (as far as I know) in no other registry contract, in the section on Registry-Level fees. more
Just when you think ICANN has got it right, it shoots itself in the foot as only ICANN can. Unfortunately it seems this is yet another case of one step forward and two steps back. While we should be celebrating the fact that Internationalised Domain Names (IDN's) have finally been entered into the Root Zone, we are instead left shaking our heads at the seemingly nonexistent process lines nor communication lines between ICANN and its technical off-shoot IANA. more
The Ninth Circuit affirmed the district court's ruling in Office Depot v. Zuccarini, agreeing that a creditor may levy against a domain name in the jurisdiction where the domain name registry is located. The decision is significant for two reasons. First, it affirms (or reaffirms) that domain names are property subject to the claims of creditors... more
In order to be able to reply to the question of whether a new set of governance mechanisms are necessary to regulate the new Global Top Level Domains (gTLDs), one should first consider how efficiently the current Uniform Domain-Name Dispute-Resolution Policy (UDRP) from the Internet Corporation for Assigned Names and Numbers (ICANN) has performed and then move to the evaluation of the Implementations Recommendations Team (ITR) recommendations. more
This article is the first in an occasional series on DKIM/ADSP edge cases that may not be generally recognized or understood. Many people advocate DKIM/ADSP adoption without fully recognizing potential implementation and operational issues. The fact is that the email messaging environment is fraught with opportunities for poor outcomes because of common practices that need to be considered or poorly understood implementations that are not considered... more
ICANN has published its first new monthly report providing statistics and insight into security threats to generic top-level domains (gTLDs). more
Business email compromised (BEC) attacks targeting American companies are exploding, with an increase of over 476% in incidents between Q4 2017 and Q4 2018. Up as well is email fraud with companies experiencing an increase of over 226%. These highly targeted attacks use social engineering to identify specific company employees, usually in the finance department and then convince these employees to wire large sums of money to third-party banking accounts owned by the attackers. more
Mandarin is a tricky language, but ICANN may want to learn the expression chóngfù before leaving the Beijing meeting. Chóngfù means "do-over" and that's what ICANN needs to forestall an entirely preventable disaster in the delegation of new top-level domains (TLDs). The issue of "string similarity" seems straightforward. Nobody inside ICANN or out there in the real world wants Internet users to be confused by new TLDs that are confusingly similar. Imagine hearing an ad offering low rates at car.loans but you encounter something completely different at car.loan instead? more
After being in the domain industry for over 15 years, there aren't too many things that catch me by surprise, but recently a few UDRP filings have me scratching my head. Both ivi.com and ktg.com have had UDRPs filed against them, and I have to say for anyone holding a valuable domain name, it's a cautionary tale and one that should have folks paying attention to the outcome of each. more
At their best, UDRP panelists are educators. They inform us about the ways in which parties win or lose on their claims and defenses. What to do and not do. In addressing this issue, I'm referring to less than 10% of cybersquatting disputes. For 90% or more of filed complaints, respondents have no defensible answer and generally don't even bother to respond. But within the 10%, there are serious disputes of contested rights (contested even where respondent has defaulted). more
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
While the Internet governance debate devours headlines, it's almost easy to forget that ICANN is in the midst of the most audacious and important policy process it has ever undertaken. And while many new generic top-level domains are now live, the process of ensuring the best opportunity to fulfill their potential is not yet complete. We recently reached the milestone of 280,000 registrations in the Donuts gTLDs that are currently generally available. more
The Canadian International Pharmacy Association (CIPA) recently commented on the Competition, Consumer Trust and Consumer Choice Review Team (CCTRT) Draft Report of Recommendations for New gTLDs. In particular, on the primary questions posed: The CCTRT is seeking input on its Draft Report, which assesses whether the introduction or expansion of gTLDs has promoted competition, consumer trust and consumer choice in the DNS... more
We read and hear a lot of complaints from trademark interests about allegedly rampant cybersquatting and other forms of trademark infringement, but it's rare to see a story about reverse domain name hijacking and other abuses committed by them. That's what made it so refreshing to see an article in the Saturday, April 4th Wall Street Journal titled "The Scariest Monster of All Sues for Trademark Infringement – Fancy Audio-Cable Outfit Defends Its Brands; A Mini Golf Course Fights Back". more
Section 3.18 of the ICANN 2013 Registrar Accreditation Agreement (RAA) contains language requiring registrars to investigate and respond to abuse complaints. Nearly one year into the new RAA's effective period, what do we know about Section 3.18? If a person or entity wants to submit a complaint, what should they keep in mind? This article reviews the meaning of Section 3.18, how to leverage it, offers a list of do's and don'ts for complainants, and offers a few recommendations for registrars. more
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