Domain Names

Outdated Whois Information Might Lead to False Light Tort: Meyerkord v. Zipatoni

It's a late entry, but this opinion may be a dark horse candidate for the most bizarre case of 2008. Meyerkord was a Zipatoni employee and listed as the registrant on domain names at Zipatoni's Register.com account. Meyerkord left in 2003. In 2006, Zipatoni ran an astroturfing viral campaign for Sony to promote the Play Station Portable at the domain alliwantforxmasisapsp.com... Unfortunately for Sony -- and Meyerkord -- the campaign did not go well. more

The TPP and the DNS

On November 5, 2015 the Office of the U.S. Trade Representative (USTR) released the official text of the Trans-Pacific Partnership (TPP). That text consists of 30 separate Chapters totaling more than 2,000 pages, and is accompanied by four additional Annexes and dozens of Related Instruments. Only those who negotiated it are likely to have a detailed understanding of all its provisions, and even that probably overstates reality. 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 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

Value or Love for New gTLDs?

ICANN has started its historic and controversial program to expand the number of generic Top-Level Domains (gTLDs). This essay outlines the factors needed for the program to create economic value, warns against a cognitive trap that complicates selection of a new gTLD and considers the value contribution of the registries. I will not go into relevant macro measures, but I examine the problems associated with the popular measure of simply counting the number of registrations. more

Amazon, Google, And The Prospect of Closed gTLDs - Don’t Believe the Hype

There have been a lot of complaints leveled at companies like Amazon and Google who have applied to register a number of new gTLDs. The criticism is that the public will not benefit from having Amazon own .book, .store, .you, and .grocery if they only use it for their own purposes and don't open them up to sell domains to the broader public, and that allowing these companies to own generic registries will hurt their competitors in that space. Although these arguments are not without merit, there are also positive aspects to having established companies own gTLDs. more

Only One Week Left to Submit Nominations for PIR Board of Directors (Closes Nov 30)

If you would like to help guide the future of the Public Interest Registry (PIR), the non-profit operator of the .ORG, .NGO and .ONG domains, the deadline for nominations is MONDAY, NOVEMBER 30, 2015! After reading the information about the PIR Board requirements, you are welcome to nominate either yourself or anyone else using the PIR Nomination Form. Nominations close at 23:00 UTC on November 30, 2015, so don't delay! more

Building a Strong, Sustainable Domain Name Industry - With Integrity

This week, I had the privilege of presenting at NamesCon on behalf of the Domain Name Association (DNA) -- in my position as Chair of the Board -- to provide an update on our activities and an assessment of our progress as an industry in light of the goals of the DNA. In summary, there is still a long way to go with many challenges to address. Despite this, there is much to be excited about and incredible opportunity for our combined success. Included here is a transcript of my speech. I welcome feedback and comments. more

Dot-Biz Saga

Two sides can oppose each other strenuously and still be wrong in exactly the same way. For or against, too much of the debate about the new ICANN top-level domains (TLDs) ignores TLD signaling and uses inappropriate TLD success measures. Here I spotlight the key mistakes by concentrating on ".biz" registrations, and I put forward some possible remedies. more

European Privacy Authorities Object to ICANN Whois Proposals

In response to a letter from ICANN's Noncommercial Users Constituency (NCUC) to data protection authorities concerning overreaching requests of law enforcement agencies in ICANN's ongoing Registrar Accreditation Agreement negotiations, the Article 29 Data Protection Working Party has written the ICANN Board. more

A Serious Bug in the Similarity Check

A week ago, ICANN announced the latest delay in the New gTLD Program: the so-called "contention sets" will only be published March 1, 2013. The original deadline was July 2012, postponed serially in two-month intervals. The gTLD program is lost in confusing similarity. What went wrong? In order to determine which TLD applications are in contention, it is necessary to say which TLD strings are confusingly similar to one another. more

Top Ten New gTLD Gotchas

With the launch of new generic Top-Level Domains (gTLDs) expected to occur early next year, many are closely examining the opportunities and risks associated with ICANN's Program. Although still in draft format and subject to change, keep these gotchas in mind as you think through your strategy. more

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

Half of Phishing Sites in the Wild Have SSL Certificates and Show Padlock Security Icon, Study Finds

A new study by anti-phishing company PhishLabs reveals 49 percent of all phishing sites in the third quarter of 2018 had Secure Sockets Layer or SSL with HTTPS in their URL. more

Observations on Resolver Behavior During DNS Outages

When an outage affects a component of the internet infrastructure, there can often be downstream ripple effects affecting other components or services, either directly or indirectly. We would like to share our observations of this impact in the case of two recent such outages, measured at various levels of the DNS hierarchy, and discuss the resultant increase in query volume due to the behavior of recursive resolvers. more