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

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

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

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

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

Fraudulent Transfer: Recovering Stolen Domain Names

Either because of laxness on the part domain name holders or cunning on the part of thieves, registrars have been duped into transferring domain names to fraudsters' accounts. I discussed the matter last year in Recovering Domain Names Lost to Fraudulent Transfer. These cases are mostly filed in the Eastern District of Virginia, Alexandria Division, for the good reason that the registry for dot com is located in that jurisdiction and they are mostly recovered. 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

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

Thinking Outside The ICANN Box: Creating A Prototype Based On Internet Experience - Part II

The proposal "The Internet an International Public Treasure" ("Public Treasure") offers a means of creating a prototype for an international collaborative management structure for the Internet (see Part I of this article).
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A Single Price Index for Domain Names Is Misleading

Having a single price index for the domain name industry would be worse than useless. Such an index is presented in a recent study by Thies Lindenthal. The index is intended to be a benchmark for domain owners and investors. But it's out of line with other studies and the common sense of how a market operates. A much better barometer to follow is average prices for groups of domain names with similar characteristics. more

Beyond WHOIS: CircleID and Edgemoor Research Institute Inaugural Event on Balancing Privacy and Legitimate Data Needs

The global debate over Internet privacy and security took center stage in a webinar hosted by CircleID in partnership with the Edgemoor Research Institute. The event marked the first in a series exploring the delicate balance between safeguarding personal data and ensuring legitimate access to domain name registration details. As governments, cybersecurity experts, law enforcement, and intellectual property holders grapple with the evolving regulatory landscape, Project Jake seeks to establish a framework that prioritizes policy clarity, efficiency, and adaptability. more

Where Domain Security Meets the Supply Chain Crunch

Over the last two years, we've all faced supply shortages on items we previously never thought could be in short supply. Most recently, the baby formula and semiconductor markets were hit. Before that, supply chain attacks on Colonial Pipeline and JBS Foods showed us that an attack on one company through a singular point of compromise has the potential to disrupt an entire network of connected companies, products, partners, vendors, and customers. more

ICANN’s Board Decisions in Nairobi Will Determine Its Credibility and Respect for Years to Come

Today is the morning of the most revered Thursday in the ICANN meetings calendar -- The public forum. It is tradition personified. It is the day when the show and the showcasing really begin. It is the stage and the choreography of the open microphone that can help influence ICANN decisions one way or another and make the supposed bottom up model appear at its best. more

Domain Name Registries Must Do More to Protect Highly-Trafficked Domains

With the recent attacks against high-profile New Zealand domain names including Coca-Cola.co.nz and F-Secure.co.nz, fingers are naturally pointing to Domainz, the registrar of record for these domains, as the party responsible for this lapse in security. While domain name registrars certainly need to ensure the security and stability of their systems, domain name registries must also step up and take responsibility for mitigating risks posed by hackers... more