Domain Names

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

Brexit Could Impact EU Domain Registrants

The current policies for .eu domain name registration restrict registration to organisations, businesses and individuals that meet certain criteria. In order to get a .eu domain name you need to be resident within the EU, Norway, Iceland or Liechtenstein. This is laid out in the current policy... Post-Brexit it is unclear whether UK registrants will still qualify to hold their .eu domains. 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

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

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Dot ("SD") is a French new gTLD applicant which applied for five strings: .ARCHI, .BIO, .DESIGN, (which has been withdrawn) .IMMO and .SKI.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

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

Warning, Danger Lurks Here: Exploring DKIM/ADSP Edge Cases - Missing message-id

This article is the first in an occasional series on DKIM/ADSP edge cases that may not be generally recognized or understood. Many people advocate DKIM/ADSP adoption without fully recognizing potential implementation and operational issues. The fact is that the email messaging environment is fraught with opportunities for poor outcomes because of common practices that need to be considered or poorly understood implementations that are not considered... 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

Domain Pulse 2008: Internet Governance the Focus of Day One

Around 350 attendees came from Russia in the east to Ireland in the west, as well as a few people from elsewhere around the globe, to attend Domain Pulse 2008 in Vienna on February 21 and 22. Day one's focus was internet governance. The future of the DNS was one of the key issues addressed by Michael Nelson of Georgetown University in Washington DC, with domain names becoming less important, but their numbers still increasing, as online access by a myriad of devices skyrockets connect -- everything from the television, refrigerator, washing machine, pets, sprinkler systems and cars. more

Another Free Registry Software Option

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

Registration Patterns of Deceptive Domains

A key requirement for a bad actor wanting to launch a brand attack is the registration of a carefully chosen domain name. The most convincing infringements frequently use a domain name that's deceptively similar to that of the official site of the target brand. This allows a variety of attacks to be executed, including phishing attacks... more

Will the Trademark Clearinghouse Fulfill its Potential?

ICANN created the Trademark Clearinghouse (TMCH) as a way to streamline the repetitive process forced on trademark owners during the launch of new top-level-domains. With the expected tsunami of hundreds of new TLD's starting later this year, the TMCH should generate a clear benefit for trademark owners who elect to participate in Sunrise and Claims Periods. The side effect of introducing new TLDs is that the legacy TLDs will be making changes to make sure they are competitive against the new TLDs. more

Say No to WIPO’s Proposal to Amend the PDDRP to Create New Law

A number of comments to ICANN's proposed Post Delegation Dispute Resolution Process for new gTLD Registry Operators support a proposal by the World Intellectual Property Organization (WIPO) to hold a registry operator accountable for trademark infringement that occurs within a TLD if it "knowingly permitted, or could not have reasonably been unaware of" infringing domain names within the TLD. more

The Trademark Clearinghouse: Secure, Reliable, Usable - Pick Any Two

Earlier this week, technical and legal experts from ICANN, Deloitte and IBM met in Brussels with their counterparts from registrars and registry service providers representing as much as 90% of prospective gTLD registries, to discuss the technical implementation of the Trademark Clearinghouse, the database of rights holder information that will support the mandatory rights holder protection mechanisms for new gTLDs. more

How Much Money Is There in Complaining?

Although I don't have a lot of sympathy for the trademark lawyers' argument that trademark holders need to register .sucks domains cheaply before anyone else can, there is one point at the end of their letter that's worth a look. The registry contract for .sucks, between Vox Populi and ICANN, has this sentence that appears (as far as I know) in no other registry contract, in the section on Registry-Level fees. more