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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

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

False Expectations: Attorney’s Fees and Statutory Damages in ACPA Actions

There is a degree of dread in the investor community that prized domain names will be forfeited to trademark owners in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). Since the UDRP has no internal appeal mechanism to correct errors of law or judgment, the sole recourse is an action in a court of competent jurisdiction as spelled out in UDRP paragraph 4(k). In the U.S., this would be a district court under the Anticybersquatting Consumer Protection Act (ACPA). 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

ICM Announces General Availability of .XXX Domain Names

ICM Registry, the official registry of the new adult top-level domain (TLD) launched today for General Availability of .XXX domain names on a first come, first served basis. While the debate over the new domain has been fierce, the company reports today: "The introduction of .XXX has quickly become the most successful launch of any new sponsored top level domain. The positive public response has fueled global media interest normally not afforded to a new domain launch. In addition, the global advertising campaign, a first for any adult-related company, includes hundreds of nationally broadcast TV commercials, radio, newspapers and online ads. The www.buy.xxx website is already receiving nearly one million visitors per day." more

Implications of ICANN’s New TLD Disqualification Policies and Cybersquatting 3-Strike Law

ICANN's proposed final applicant guidebook unraveled some new policies that would disqualify applicants from the new TLD program. ICANN states that if you lose 3 UDRP cases, you will be disqualified from being a major shareholder, partner, officer, director of a new top-level domain registry... Has ICANN opened a new can of worms with the 3-strike rule? 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

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

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

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

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 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

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

Mauritius Steps In: Unraveling the AFRINIC Crisis and Its Impact on African Internet Governance

A Supreme Court judge in Mauritius has been appointed to investigate AFRINIC, Africa's IP address registry, following allegations of misconduct, legal irregularities, and criminal falsification. The inquiry marks a pivotal moment in African internet governance, with implications for regional digital infrastructure and the continent's credibility in managing critical online resources. more

The Future of .COM Pricing

When you've been around the domain industry for as long as I have, you start to lose track of time. I was reminded late last year that the 6-year agreement Verisign struck with ICANN in 2012 to operate .com will be up for expiration in November of this year. Now, I don't for a second believe that .com will be operated by any other party, as Verisign's contract does give them the presumptive right of renewal. But what will be interesting to watch is what happens to Verisign's ability to increase the wholesale cost of .com names. more