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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
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
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
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
Unsuspecting website visitors are often unaware when they have landed on a spoofed page or are re-directed to malware-hosting web servers designed to steal their sensitive data and information. This attack is known as subdomain hijacking, or subdomain takeover. A web user's private information is then traded on the dark web, and cybercriminals profit, further fueling the expansion of identity theft in the online world. 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
"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
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
Facebook-owned Instagram has filed legal proceedings in the US to have a 2011 domain name purchase of 'instagram.com' upheld and block a 'sham' lawsuit in China. more
As an industry insider and technologist, it's always tempting when discussing something new, such as the Trademark Clearinghouse (TMCH), to jump into the gritty details to try solving problems. However, in this case, we would be jumping a step ahead because it's fair to say most of the general community is not well informed about the current implementation challenges around the TMCH. more
In part 1, we explained that the DKIM "d=" value identifies the domain name which signed the message, which may be a different domain name from the author of the message. Tying the signing and author domains together will require an additional standard: Author Domain Signing Practices (ADSP). In IETF parlance, the "author domain" is the domain name in the From: header, so ADSP is a way for the author domain to publish a statement specifying whether any other domain name should ever sign a message purporting to be From: that author domain... more
.ORG, The Public Interest Registry has, since its inception, advocated for policies designed to reflect the public interest, namely of fair and open competition that benefits not only .ORG, but all Internet users. ICANN is now faced with a critically important decision on whether to remove the trusted and proven safeguards that prevent domain name registrars from owning and operating domain name registries. Because of its concern for end users, support for the success for new Top-Level Domains (TLDs), and strong belief in the benefits of fair competition, .ORG vigorously opposes removing these critical safeguards and strongly supports registry-registrar separation... more
2020 - a year like no other. The impact of COVID on the domain name industry was felt far and wide as ICANN meetings were held virtually, travel was cancelled, TLD launches were delayed, the topic of domain name abuse was front and center, and we all tried to navigate a "new" normal. Unlike many sectors, the domain name industry was fortunate and, in many ways, survived 2020 unscathed. Much of our industry was able to continue working from home after an initial period of adjustment. 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
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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