Domain Names

Smells like Cybersquatting? How the UDRP “Smell Test” Can Go Awry

The UDRP has the form of a substantive Policy, but it operates as a "smell test".1 If the evidence smells bad, the panel will likely order a transfer. If it doesn't, the panel won't. An aim of this article is to help improve UDRP panels' sense of smell when it comes to differentiating between domain name investors and cybersquatters. I will provide some insight into the business of domain name investing that I hope will be helpful to UDRP panelists in making more accurate inferences in disputes involving investors. more

Harmonizing WHOIS With NIS2 Article 28 - the Rubber Is About to Meet the Road

ICANN must act now to harmonize its domain name registration data (commonly known as WHOIS) policies with Article 28 of the European Union's Network and Information Security (NIS2) directive, first to adhere to applicable laws as it fulfills its oversight responsibilities and, second, to keep its word to the community to preserve WHOIS to the fullest extent possible under law. 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Dot ("SD") is a French new gTLD applicant which applied for five strings: .ARCHI, .BIO, .DESIGN, (which has been withdrawn) .IMMO and .SKI.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

Is a New Set of Governance Mechanism Necessary for the New gTLDs?

In order to be able to reply to the question of whether a new set of governance mechanisms are necessary to regulate the new Global Top Level Domains (gTLDs), one should first consider how efficiently the current Uniform Domain-Name Dispute-Resolution Policy (UDRP) from the Internet Corporation for Assigned Names and Numbers (ICANN) has performed and then move to the evaluation of the Implementations Recommendations Team (ITR) recommendations. more

EU Should Not Be Setting US WHOIS and Privacy Policy, Says MPAA

The Motion Picture Association of America (MPAA) in its recent submission to the National Telecommunications and Information Administration (NTIA) has raised a stern objection regarding ICANN's attempt to adhere to the EU's General Data Protection Regulation (GDPR), stating that the temporary specification had gone "well beyond what the GDPR mandates." 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

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

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

Why I’m No Longer So Worried About ICANN

"No, the new gTLD program isn't ready!" ... "Yes, I was wrong on the Trademark Clearinghouse!" Fadi Chehadé showed some strong leadership qualities during last week's ICANN regional registry and registrar meeting in Amsterdam. Honesty and courage... What started out as a speech soon turned into a heart to heart. As he responded to questions, Chehadé made some surprisingly honest comments. more

ICANN Should Pay Even More and Increase Its Spending Several Fold

Where does this idea that the employees of all non-profit organizations alike shall lead a public-transportation lifestyle come from? ICANN's monetary resources do not come from war widows and pensioners, for ICANN to feel guilty about every penny that it spends on administration. Nor does its resources, wherever they come from, are any that are earmarked to be spent on famine relief or on basic health care for the most unfortunate. more

Researchers Uncover Massive Underground Link-Shortening Service Used by Malicious Actors

New research indicates that the .US top-level domain contains numerous domains linked to a malicious link-shortening service dubbed 'Prolific Puma' promoting malware and phishing. Infoblox has been monitoring this three-year-old service, which uses short domains hosted on uncooperative providers to disguise harmful landing pages. more

Domain Names as Property Subject to Creditor Claims - Bosh v. Zavala

Most people take it for granted that domain names are property. As such, there shouldn't be much dispute that domain names are subject to the claims of judgment creditors. But I've seen enough resistance to this position that I thought a recent case was worth a quick mention. more

First Nine English-Language newgTLDs Delegated by ICANN - .Camera, .Clothing, .Singles and More…

This past week brought word that the first nine Latin / ASCII "new Generic Top Level Domains (newgTLDs)" were delegated by ICANN and are now found in the root of DNS. This means that the registries behind these newgTLDS can now start the process of making "second-level domains" (the ones we normally register) available in each of these TLDs. 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