Domain Names

Verisign’s Preliminary Comments on ICANN’s Name Collisions Phase One Report

Verisign posted preliminary public comments on the "Mitigating the Risk of DNS Namespace Collisions" Phase One Report released by ICANN earlier this month. JAS Global Advisors, authors of the report contracted by ICANN, have done solid work putting together a set of recommendations to address the name collisions problem, which is not an easy one, given the uncertainty for how installed systems actually interact with the global DNS. However, there is still much work to be done. I have outlined the four main observations... more

Islamic TLDs and the Challenge of Good Governance

As governments ask themselves whether they should not be the only ones in charge, and everyone else is more determined than ever to stay involved, Internet governance is now a front-page topic. But away from the theoretical debates about which model is best, one real-life situation may end up looking strangely like a vindication of the multi-stakeholder model by governmental organisations. The situation in question is that of Islam and Halal. Two applications that look like they are caught in a kind of new gTLD program groundhog day. more

Towards More Efficient Registry-Registrar Relations

On the morning of Wednesday 15th October, the The Domain Name Association (the DNA) held an important working group meeting during ICANN 51 Los Angeles. The topic was to discuss several operational issues between registries and registrars. The meeting's unofficial ongoing name is the Registry-Registrar Operations Working Group. The meeting was a continuation of an inaugural meeting that was held back in June of this year, and covered in a Industry Association: An Implementation Model circulated by the DNA from September 17, by Executive Director Kurt Pritz. more

Court OKs Private Seizure of Domain Names That Allegedly Sold Counterfeit Goods

Luxury brand Chanel has engaged in a fierce campaign against counterfeit websites in federal court in Nevada. It has seized approximately six hundred domain names in the last few months, reports Venkat Balasubramani. "I'm sympathetic to the "whack-a-mole" problem rights owners face, but this relief is just extraordinarily broad and is on shaky procedural grounds." more

ICANN and the Hyper-Aggressive Trademark Owners: The “Monster Test”

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

DNS, Domain Names, and Certificates: The Missing Links in Most Cybersecurity Risk Postures

In 2019, we've seen a surge in domain name system (DNS) hijacking attempts and have relayed warnings from the U.S. Cybersecurity and Infrastructure Agency, U.K.'s Cybersecurity Centre, ICANN, and other notable security experts. Although the topic has gained popularity amongst CIOs and CISOs, most companies are still overlooking important security blind spots when it comes to securing their digital assets outside the enterprise firewalls -- domains, DNS, digital certificates. more

Who Are the Major New gTLD Applicants and… (Part Six: Starting Dot)

Starting Dot ("SD") is a French new gTLD applicant which applied for five strings: .ARCHI, .BIO, .DESIGN, (which has been withdrawn) .IMMO and .SKI. It is the only French applicant to have applied for several open new gTLDs. Some French brands have applied too but as closed Top-Level Domains... While Starting Dot may be one of the smaller portfolio applicants, there is a considerable difference here in the way their projects are handled when compared to some of the larger applicants. more

Only Bad Actors Should Worry About the URS

With DNS abuse a topic of increased concern throughout the community, any controversy over adopting the Uniform Rapid Suspension System (URS) for all generic top-level domains (gTLDs) seems misplaced. The URS was designed as a narrow supplement to the Uniform Domain-Name Dispute Resolution Policy (UDRP), applicable only in certain tightly defined circumstances of clear-cut and incontrovertible trademark infringement involving the registration and use of a domain name. more

Proving and Protecting Rights to Domain Names

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

UDRPs Filed - Brand Owners Take Note

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

How Ignorance Can Lead Mark Owners Astray in UDRP Proceedings

The great problem with ignorance is that it leads to disaster when one acts in the belief that he (and not infrequently a corporate "it") is invulnerable to error. The Uniform Domain Name Dispute Resolution Policy (UDRP) is fundamentally a straightforward rights protection mechanism, but as in all clearly written laws, ignorance of its application and of its evidentiary demands can (and generally does) lead to disaster. more

Creditor Can Execute Against Domain Name Where Registry is Located: Office Depot v. Zuccarini

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

6 Domain Name Industry Developments to Lookout for in 2014

2013 was one of the most exciting and forward-looking year for our Industry, and here we are, right at the beginning of 2014. Shall we look into the crystal ball and see what the horizon up ahead likely holds for us? We hope and foresee that a lot of everyone's hard work will eventually begin to pay off this year. We also believe that the industry will witness a huge change; opportunities and possibilities that were never before thought of. more

Industry Association: An Implementation Model

We read carefully Scott Hollenbeck's call to form a Domain Name Industry association to promote consistency in technical operations across the many moving parts of the industry and we, the Board and members of the Domain Name Association, largely agree. More formal coordination among registry operators and domain name registrars would improve the domain name registration experience for registrants and business operations for the domain name industry in general. more

Dead Ends: The Achievement of Consensus in UDRP Jurisprudence

Like the Internet Corporation for Assigned Names and Numbers (ICANN), the Uniform Domain Name Dispute Resolution Policy (UDRP) is consensus-driven; from the bottom up, not the top down. The result is a jurisprudence of domain names that develops in common-law fashion through Panel decisions that over time and through "deliberative conversations" among panelists resolve into consensus. more