Domain Names

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

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

A Made Up Fantasy and the ICANN gTLD Reality

Gary Elliot, chairman of the Association of National Advertisers and vice president of global marketing at Hewlett-Packard, wrote a column in Advertising Age titled "ICANN's Promises Aren't Simply Speculation, They're Outright Fantasy." His arguments opposing ICANN gTLDs are similar to the other heads of various advertising associations around the world. While the main powerbrokers of the global advertising sector are mum, their association heads are using the same circulated message of cyber-squatting fears without any solid proof. Here is my analysis and an open challenge to the trade. more

Passive Holding of Domain Names and the Argument for Bad Faith or Forfeiture

There is a misconception among some trademark owners and their counsel that passive holding of domain names alone or combined with lack of rights or legitimate interests supports abusive registration. Thus, Respondent's inactive use of the disputed domain name demonstrates bad faith. Respondent also had actual knowledge of Complainant's YOU ASKED FOR IT mark as Complainant has attempted to buy the domain from Respondent... 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

WIPO Proposal for Paperless UDRP

The World Intellectual Property Organization (WIPO) has sent to ICANN a letter proposing Paperless Uniform Domain Name Dispute Resolution Policy (UDRP)... This would save considerable amounts of paper, reduce courier charges (as the notice weighs far less than the full complaint), and thus would be good for the environment. 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

A Navigation Aid or a Brand TLD? (Part 1 of 2)

Every TLD has domain name registrants who use their domain name either as their primary site, the basis of their online identity, or as a navigational aid to direct traffic to other sites. The dominant purpose determines the long-term financial wellbeing of the registry. The choice to use a domain as a simple pointer to another site versus creating a branded identity online does not just happen. It is almost always the direct result of the registry's own efforts and focus. How does the registry define their customer? 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

WSIS Leaving More Questions Than Answers

Two things are important to stress. First, nothing was decided in this meeting, and no actions will be taken until the next meeting in 2005. Secondly, and more importantly, as with anything the devil is in the details. Given the vagueness of the documents available, there are few reliable conclusions that can be drawn from the summit...Before any judgments can be made about the effectiveness, or feasibility of the ideas outlined in the Plan of Action more concrete information is needed. The details of these plans are currently unknown to the Internet community at large, and may even be unknown to the members of the WSIS. Based on the information that is available it appears the Plan of Action needs to be thought through a little more thoroughly. more

New TLDs: Time For a Do-Over on Plural Similarity

Mandarin is a tricky language, but ICANN may want to learn the expression chóngfù before leaving the Beijing meeting. Chóngfù means "do-over" and that's what ICANN needs to forestall an entirely preventable disaster in the delegation of new top-level domains (TLDs). The issue of "string similarity" seems straightforward. Nobody inside ICANN or out there in the real world wants Internet users to be confused by new TLDs that are confusingly similar. Imagine hearing an ad offering low rates at car.loans but you encounter something completely different at car.loan instead? more

US Department of Commerce Doesn’t Like ICANN’s New Domain Plan

ICANN's authority to manage top level of the DNS comes from a two-year Joint Project Agreement (JPA) signed with the US Department of Commerce in 1997, since extended seven times, most recently until September 2009. Since the DoC can unilaterally cancel the JPA which would put ICANN out of the DNS business, when DoC speaks, ICANN listens. On Thursday, the US DoC sent a scathing letter to ICANN about the proposed plan to sell large numbers of new top-level domains (TLDs). There's a long list of issues... more

Are Domain Names Recession Proof?

We'll only be able to tell whether domain names are recession proof by waiting for the performance of e-commerce sites during the holiday shopping season. Domain name owners and buyers have to remain in suspense a while longer. Some domainers are experiencing drops in sales and prices. However, it is not clear whether those drops are because of changes in valuations by buyers, sellers, or both. more

Building a More Inclusive Internet for All: A Radix Initiative

Universal Acceptance (UA) is a fundamental requirement for a truly multilingual and digitally inclusive Internet. UA is important because it ensures that all domain names, including new long top-level domains (TLDs) and Internationalized Domain Names (IDNs), and email addresses are treated equally and can be used by all Internet-enabled applications, devices, and systems. more