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For an organization where people argue for hours over arcane minutiae, it's remarkable that virtually everyone agrees that ICANN should serve the "global public interest" and build "consumer trust" in the Internet. Although it's only three pages long, ICANN's Affirmation of Commitments (AoC) cites "public interest" five times and "consumer trust" eight times. So at the ICANN meeting today in Cartagena, Colombia, a group of participants explored ways to "institutionalize" these concepts within the organization. more
The recent decision by ICANN to start a new round of applications for new generic Top-Level Domains (gTLDs) is launching a round of questions on the IETF side about its consequences. One possible issue may be with vanity gTLDs like apple, ebay etc. Some expect that every Fortune 1,000,000 company will apply for its own TLD. My guess is rather the Fortune 1,000 for a start, but this does not change the nature of the issue, i.e. those companies may want to use email addresses like user@tld. 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
New top-level domains will quickly be upon us, and if you are ramping up to get your application ready, part of your launch plan should address what you will do with valuable keyword or generic names -- what we often refer to as "premium names." ... Choosing appropriate domains to reserve is an important first step which must be included in your application to ICANN. more
Criminals are now looking to use established domain names, via phishing targeted at domain registrars. This is possibly related to ICANN finally moving to stop the black hat registrars of the world. According to the first report on the matter sent yesterday to Registrar Operations (reg-ops) mailing list, the attacks seem to be run by gang of child pornography spammers. more
ICANN has sent EstDomains a termination notice: "BBe advised that the Internet Corporation for Assigned Names and Numbers (ICANN) Registrar Accreditation Agreement (RAA) for EstDomains, Inc. (customer No. 919, IANA No. 943) is terminated..." more
Trademarks can be strong in two ways: either inherently distinctive (arbitrary or fanciful marks), or composed of common elements that have acquired distinctiveness (descriptive or suggestive marks). Trademarks can also be weak in two ways: either composed of common elements, or lacking significant marketplace presence other than in their home territories. Panelists have seen them all, even by respondents alleging trademark rights registered later in time to complainant's. more
If one thing has become clear from recent commentary on ICANN's new top-level domain program, it's that there's a dramatic lack of understanding about some of the benefits of owning your own TLD - especially as it relates to security. Many brand owners - especially those with luxury brands - could realize immediate benefits from reduced counterfeiting and greater brand trust with a "dot Brand." more
Domain holders need to test their sites for 'DNS Flag Day' which will kick off on Friday, Feb. 1, 2019. more
With the application launch period scheduled to begin in less than three months, everyone wants to know just how many new generic Top-Level Domains (gTLDs) applications will be submitted. In terms of the number of applications to be submitted, I've seen estimates putting the figure as low as 500. But just last week, an industry insider told me that he thought the number could go as high as 3,500. more
On 24 and 25 February 2011 the European Commission, DG Home Affairs, organised a meeting on cyber crime in cooperation with the US government, Department of Justice, with representatives of the law enforcement community, registries and registrars. The basis of the discussion was the RAA due diligence recommendations (hence: the recommendations) as presented by LEAs in the past years during ICANN meetings. The meeting was constructive, surprising and fruitful. I give some background, but what I would like to stress here is what, in my opinion, could be a way forward after the meeting. more
The European Data Protection Board certainly has been keeping its records straight. Its 27 May statement starts with the following: "WP29 has been offering guidance to ICANN on how to bring WHOIS in compliance with European data protection law since 2003." All internet users have dealings with the Internet Corporation for Assigned Names and Numbers, yet the vast majority have never heard of ICANN. more
Funny how marketplace reality can poke holes in claims and theories. A debate is raging between some existing registries (Afilias, PIR, Neustar) and registrars like ourselves over the issue of 'cross-ownership' in Top-Level Domains (TLDs). At question: should the same set of shareholders be allowed to own all or part of a registry as well as a registrar that sells names in the TLD owned by the registry? These registries are saying 'no', and one of their principal objections is they think current registrars have an unfair advantage in pursuing TLD deals. more
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
After two years of grueling, complex and contentious debate, the ICANN EPDP team delivered its Phase 2 Final Report on July 31st, 2020. Unfortunately, and disappointingly, the policy recommended for the so-called "System for Standardized Access/Disclosure" (SSAD) fails to meet the needs of the users it supposedly is designed to benefit. more
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