Domain Names

Opting for UDRP Over URS

The Internet Corporation for Assigned Names and Numbers (ICANN) implemented the Uniform Rapid Suspension System (URS) in 2013 together with three other rights protection mechanisms for trademarks. It "is not intended for use in any proceedings with open questions of fact, but only clear cases of trademark abuse"... It was designed to afford rights holders claiming abusive registration of domain names with new gTLD extensions an even faster route to remedy than the Uniform Domain Name Dispute Resolution Policy (UDRP). more

Deadline of Dec 11 for Nominations for Public Interest Registry (.ORG Operator) Board of Directors

Would you be interested in helping guide the future of the Public Interest Registry (PIR), the non-profit operator of the .ORG, .NGO and .ONG domains? If so, the Internet Society is seeking nominations for three positions on the PIR Board of Directors. The nominations deadline is Sunday, December 11, 2016.,,, In 2017 there are three positions opening on the PIR Board. Directors will serve a 3-year term that begins in April 2017 and expires in April 2020. more

2023 Review of the Online Brand Protection Market

Having been involved in this sector for over fifteen years now, the rate of change in the market dynamics continues to surprise me - from its early years when MarkMonitor and NetNames clearly led the space for several years, then seeing well-funded startups such as Yellow Brand Protection and Incopro challenge that, followed by a period of heavy M&A, it is now extremely diverse. more

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

ICANN 36 Preview: What’s ‘On Sale’ in Seoul

Last time the ICANN faithful gathered in Sydney, there was a fair bit of unrest and some big unknowns. The Implementation Recommendation Taskforce (IRT) report on how Intellectual Property (IP) could be protected in the era of new Top-Level Domains (TLDs) stirred the pot as did, to a lesser extent, the issue of Registry-Registrar separation in new TLDs. Additionally, everyone had big questions on their minds - when the root would be signed (and DNSSEC fully implemented)... Four months later and five thousand miles almost due north, the netizens gathering at ICANN 36 in Seoul know the answers to some of those very important questions. more

Examining Stuart Lynn’s Domain Name Plans - Part II

In the last article we examined the language in Stuart Lynn's A Plan for Action Regarding New gTLDs, and I addressed concerns about specific language in that document. In this article, I will examine several questions of importance that need to be addressed when discussing new gTLD policy; questions that Mr. Lynn leaves unanswered in his proposal... more

Domain Name Lessons From iTunes

What do iTunes and a cooperative domain-name Intellectual Property (IP) regime have in common? They are market solutions to illegal activity: free downloading of music and free use of brands in domain names, respectively. The music industry tried to fight the free downloading of copyright-protected music by taking legal action against free downloaders under the pretext that their activity siphons industry revenue... more

New Report on “State of DNSSEC Deployment 2016” Shows Continued Growth

Did you know that over 50% of .CZ domains are now signed with DNS Security Extensions (DNSSEC)? Or that over 2.5 million .NL domains and almost 1 million .BR domains are now DNSSEC-signed? Were you aware that around 80% of DNS clients are now requesting DNSSEC signatures in their DNS queries? And did you know that over 100,000 email domains are using DNSSEC and DANE to enable secure email between servers? more

VeriSign Anti-Trust Lawsuit Paves Way for More Suits If There Are No Vertical Integration Exceptions

The Coalition for Internet Transparency (CFIT) filed an anti-trust suit against VeriSign for their monopoly control of the .COM registry and the expiring market of .COM domains. The claims were many including excessive financial pressure lobbying and lawsuits to force ICANN into renewing the VeriSign .COM agreement under very self-serving terms. ICANN inevitably was paid millions of dollars to settle the suit. However, the saga continues once again. ... In the light of continuous and relentless discussions and proposals by the Vertical Integration working group, one question is in the back of everyone's mind. Could the decision on Vertical Integration backfire on ICANN and invite similar suits in the domain name space? more

ICANN Successfully Tiptoes Through Political Minefield With New TLD Applicant Guidebook

ICANN released its sixth version of the draft Applicant Guidebook for the new Top-Level Domain (TLD) program in April following three years of debate surrounding the rules and procedures that will outline how potential applicants will apply to own their own piece of Internet real estate. Overall, the response has been positive. 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

Beware of Abandoned Domain Names in this Turbulent Time and as the Global Economy Changes

The outbreak of COVID-19 has caused worldwide disruption -- for whole nations and their economies. Unfortunately, there will be some side effects for businesses. A number of brands will disappear from the streets and shelves, as businesses that fail to weather the storm will have to fold. Companies that do survive will likely focus more on their core markets, pulling brands out of higher risk, less profitable markets... more

Mauritius Steps In: Unraveling the AFRINIC Crisis and Its Impact on African Internet Governance

A Supreme Court judge in Mauritius has been appointed to investigate AFRINIC, Africa's IP address registry, following allegations of misconduct, legal irregularities, and criminal falsification. The inquiry marks a pivotal moment in African internet governance, with implications for regional digital infrastructure and the continent's credibility in managing critical online resources. more

Trademark Rights Paramount to Contract Rights for Domain Names

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

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