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UDRP decisions come down from providers (principally from WIPO and the Forum) at the rate of 7 to 10 a day. Complainants mostly prevail; this is because in 90% of the cases (more or less that percentage) respondents have no plausible defense and generally don't bother appearing, although default alone is not conclusive of cybersquatting; there must be evidence of infringement. When complainants do not prevail, it is not because they lack rights... more
In disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), parties should be able to rely on Panels delivering predictable, consistent, and legally reasoned decisions. In large measure, this depends on Panels analyzing the facts objectively through a neutral lens and applying principles of law consistent with the jurisprudence. However, the results are not always seen by the losing party as having achieved a fair result. more
The recent decision by ICANN to start a new round of applications for new generic Top-Level Domains (gTLDs) is launching a round of questions on the IETF side about its consequences. One possible issue may be with vanity gTLDs like apple, ebay etc. Some expect that every Fortune 1,000,000 company will apply for its own TLD. My guess is rather the Fortune 1,000 for a start, but this does not change the nature of the issue, i.e. those companies may want to use email addresses like user@tld. more
Every time new concepts are introduced, much debate ensues as to the advantages and disadvantages such a change would bring forth. We've seen that happen with the launch of IPv6. Detractors and supporters rallied to make their respective arguments heard. One thing is sure though. The need for a much larger IP address space is something both parties are in agreement with. more
With the application launch period scheduled to begin in less than three months, everyone wants to know just how many new generic Top-Level Domains (gTLDs) applications will be submitted. In terms of the number of applications to be submitted, I've seen estimates putting the figure as low as 500. But just last week, an industry insider told me that he thought the number could go as high as 3,500. more
For years, corporate domain name portfolio managers have struggled with determining whether or not their portfolios were the "right" size. Managers of mature domain name portfolios have often felt that their portfolios were bloated, containing domains that were no longer needed. Conversely, domain managers of newer portfolios have sometimes known that gaps existed. Regardless, the question remains -- just how many domains should a corporate portfolio contain? more
In connection with the recent publication of the IANA RFP, there have been some commenters that have proclaimed that removing the requirement of the Contractor to document the consensus of relevant stakeholders in connection with the delegation of new gTLDs from the original draft Statement of Work as a win for ICANN. However, when reading the recently revised IANA RFP language in light of the Government Advisory Committee (GAC) Dakar Communiqué, a rather compelling legal case can be made... more
Three sections of the redlined version of the Draft Evaluation Criteria for new Top-Level Domains (TLDs) caught my attention. It seems ICANN wants to ensure it has information to not only evaluate and score responses, but to conduct a post-launch analysis of the program's success in terms of expanded competition, consumer choice and trust. That additional information means more work by both the applicant and for ICANN. But it's a good move because pre-launch preparation and thought staves off mishaps and misfortunes later. more
We read with interest the 20 Sept., 2011 article in The Hollywood Reporter. This confirmed that there is a lot of misinformation about the expansion of the domain name space circulating. Sadly, a creative opportunity is being seen as a threat by the most creative of industries. The arrival of an open playing field for .ANYTHING is not a threat, it is unquestionably a long awaited opportunity and solution to the murky waters of the .COM namespace.
The opportunity is the restoration of trust and authenticity. Trust and reputations have been eroded by cybersquatting, phishing and fraud that are endemic to the current naming system. more
It is remarkable? - ?for all the wrong reasons? - ?that only two months remain before the National Telecommunications and Information Administration (NTIA) must make a fateful decision on how it will address its' long-standing Cooperative Agreement with Verisign? - ?the private-sector corporation that edits the authoritative address book of the Internet's Domain Name System (DNS), maintains two of the DNS root servers, and operates the .com and .net registries of the Internet, undoubtedly one of the most lucrative concessions ever granted. more
Google has recently announced the release of Nomulus, its free, open source registry software, triggering discussion of its impact on the industry. Afilias has over 15 years of experience in registry operations, and offers the following initial thoughts... First, free registry software is not new.CoCCA has offered this option for years, and TLDs such as .CX (Christmas Island) and .KI (Kiribati) use it. It is supported on a "best efforts" basis and appears to meet the limited needs of a few small operators. more
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
By now, I've probably spoken with close to a hundred brand owners who are all trying to make some very important decisions about whether or not to apply for a new generic Top-Level Domain (gTLD). Everyone wants to know what "the other guy" is doing. But for the most part (with the exceptions of Canon and Hitachi), brand owners have been tight-lipped about their intentions. Even in a recent New gTLD webinar hosted by MarkMonitor (primarily attended by brand owners), when asked in an anonymous poll whether they intended to apply... more
"First they ignore you, then they laugh at you, then they fight you, then you win!" quote by Gandhi pretty much summarizes the evolution of the domain name monetization and development business. I have watched this business come of age for more than half a decade... In the beginning nobody cared... then when people started talking about how great it was, 'smart people' and the "legitimate web" laughed. Then the trucks with money showed up... A significant double-digit percentage of global Internet traffic is now owned by domain holders with generic names. So the fight is on. more
The latest ICANN Applicant Guidebook was released in mid-April and covers the introduction of new generic Top Level Domains (gTLD). The introduction of new gTLDs has been an ongoing conversation for more than a decade. We have an opportunity to approve the final draft in time for consideration of the new gTLD implementation program during the ICANN Board meeting, which will be held on Monday, 20 June 2011, in Singapore. We submitted our comments yesterday and wanted to share them with you. more
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