Domain Names

What’s So Outrageous Asking High Prices for Domain Names?

Panels appointed to hear and decide disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) have long recognized that three letter domains are valuable assets. How investors value their domains depends in part on market conditions. Ordinarily (and for good reason) Panels do not wade into pricing because it is not a factor on its own in determining bad faith. more

Toward a Balanced ICANN Accreditation Program for Privacy and Proxy Service Providers

For the past two years a diverse group of stakeholders from the ICANN community, including myself, has been working hard to come to a consensus on a set of recommendations related to development and implementation of an ICANN accreditation program for privacy & proxy service providers. The result of this effort will replace the interim specification defined in the 2013 Registrar Accreditation Agreement (RAA) that is due to expire at the end of 2016. 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

Trademarks vs Domain Names: Dictionary Words, Common, Combinations, and Arbitrary Letters

The typical daily accounting of decisions filed in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) may include an award or two dismissing complaints (three is particularly noteworthy: weddingfleamarket.com, dme.com, and scheduleflow.com from the Forum for January 20, 2018), but overwhelmingly complaints are granted not dismissed. Let us imagine a trademark or service mark that is neither a dictionary word nor composed of common combinations, would anyone be surprised when the Panel rules in Complainant's favor? 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

The Suitable Defendant Rule: In Rem Jurisdiction under the ACPA

The Anticybersquatting Consumer Protection Act (ACPA) creates two distinct avenues by which mark owners may seek a remedy for cybersquatting. A person who is a suitable defendant under 15 U.S.C. §1125(d)(1)(A) is one over whom the court has in personam jurisdiction. However, if the mark owner is "not able to obtain in personam jurisdiction over a person who would have been a defendant" in the ACPA action, then "[t]he owner may file an in rem civil action against a domain name in... more

CircleID’s Top 10 Posts of 2007

Here is a list of the most viewed news and blog postings that were featured on CircleID in 2007. Best wishes for 2008. 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

The Internet Must Remain Open - Even for Those We Disagree With

Over the past couple of weeks, following the events in Charlottesville, Virginia, there has been significant discussion in social and traditional media about various technology companies removing websites from their servers, or otherwise making them unavailable. As the operators of Canada's Internet domain, we at CIRA are getting numerous inquiries about our stance and policies on this issue. I'd like to use this opportunity to make a couple of clarifications about how CIRA works and what CIRA actually does. more

Court Denies Preliminary Restriction of WLS

In a strongly worded ruling, a U.S. Federal Court Judge has ruled in ICANN's favor and denied plaintiffs' motion for preliminary injunction. Dotster and two other ICANN accredited registrars had asked the court for an order prohibiting ICANN from finalizing approval of VeriSign's proposed new "Wait Listing Service" (WLS). Plaintiffs alleged that WLS is "anti-competitive" and that ICANN breached its obligations under the registrar accreditation agreement (RAA) when ICANN gave preliminary approval to WLS last year. The court disagreed, ruling [PDF] as follows: more

How to Preserve the .org Registry’s Integrity in the ISOC Sale of PIR

This article addresses the issues around the planned sale of the PIR .org registry by ISOC. It examines the history and issues plus looks at several possible paths forward, including PIR becoming a Benefit Corporation (B-Corp) and identifying possible alternative buyers who could retain PIR's non-profit status. Before Tim Bernier-Lee brought the HTML markup language to the Internet, starting in 1989, there were few registered domain names. Access for public registration started in 1986, and by December, there were about five dozen registered .com domain names.  more

.US Hosts its Annual Town Hall Meeting

Neustar, a leading provider of registry services, is hosting a Town Hall meeting this month for the United States' country code Top-Level Domain, .US. Neustar introduced the .US Town Hall last year to reflect our commitment -- and the Commerce Department commitment to the bottom-up, multistakeholder model of DNS management. The public forum is an important part of ensuring that .US continues to be a vibrant namespace that reflects America's diversity, creativity, and innovative spirit. 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

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

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