Domain Names

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

Phish or Fair?

It shouldn't be a big surprise to hear that phishing is a big problem for banks. Criminals send email pretending to be a bank, and set up web sites that look a lot like a bank. One reason that phishing is possible is that e-mail has no built in security, so that if a mail message comes in purporting to be from, say, [email protected], there's no easy way to tell whether the message is really from bankofamerica.com, or from a crook. more

After 21 Years, Actor David Duchovny Wins His Domain Name

While plenty of UDRP decisions have made clear that a trademark owner's delay in bringing an action against a cybersquatter (often referred to as "laches") is typically not a defense, actor David Duchovny's decision to file a UDRP complaint nearly 21 years after the domain name davidduchovny.com was registered may set a record for the longest wait in a domain name dispute. more

How to Abolish the DNS Hierarchy… But It’s a Bad Idea

There's been a fair amount of controversy of late about ICANN's decision to dramatically increase the number of top-level domains. With a bit of effort, though and with little disruption to the infrastructure -- we could abolish the issue entirely. Any string whatsoever could be used, and it would all Just Work. That is, it would Just Work in a narrow technical sense; it would hurt innovation and it would likely have serious economic failure modes. more

Registering for the Registrar Rodeo: A Note to the New gTLDs

Thank goodness for Monday's new gTLD draw!!! To date the process has been more of an intellectual exercise in marketing, technology, and strategic game thinking - it was getting a little boring. A business needs to see regular 'wins' to keep momentum and stay motivated. The presumptive lineup of new gTLDs has now been established which has given most applicants (save those poor souls looking at 2015 as their launch year) a clear view of the starting gate. more

Parsing Domain Names Composed of Random Letters for Proof of Cybersquatting

The Respondent's cry of pain in AXA SA v. Whois Privacy Protection Service, Inc. / Ugurcan Bulut, axathemes, D2016-1483 (WIPO December 12, 2016) "[w]hat do you want from me people? I already removed all the files from that domain and it's empty. What else do you want me to do???" raises some interesting questions. "A," "x," and "a" is an unusual string of letters but unlike other iconic strings such as "u," "b" and "s" and "i", "b" and "m" for example that started their lives as the first letters of three-word brands AXA is not an acronym. more

2016 New gTLD Year in Review (Infographic)

This post provides an overview of The 2016 New gTLD Year in Review infographic, reflecting on some of the intriguing highlights of the gTLD industry. The data analyzed within the infographic is based on the following: New Top Level Domains (TLDs) contained in the data set reflect open TLDs and exclude single registrants such as brands; For greater insight, TLDs have been separated into four quartiles or 'tiers' with tier 1 being the top 25% and tier 4 being the bottom 25%... more

2017, Year of Consolidation for Domain Name Market, AFNIC Study Suggests

AFNIC, the domain name registry for .rf (France), recently conducted a study of major trends for "Legacy gTLDs" or traditional TLDs such as .biz, .com, info, etc., as well as country code TLDs corresponding to territories such as .de (Germany), .fr (France), and .uk (United Kingdom). The new TLDs have note been included in this study since they are still something of a "new development", but will be included in the future, AFNIC says. more

GDPR: Registries to Become Technical Administrators Only?

On 11 December 2017, about 25 participants from Europe and the US attended the public consultation for the brand new GDPR Domain Industry Playbook by eco (Association of the Internet Industry, based in Germany) at the representation of the German federal state Lower Saxony to the European Union in Brussels. The General Data Protection Regulation (GDPR) poses a challenge for the Registries, Registrars, Resellers and ICANN. more

Colombian Government Releases Action Plan for the Selection of .CO Domain Registry Operator

In light of the approaching expiration of the .CO top-level domain registry operator contract, Columbia's Ministry of Information Technology and Communications (MinTIC) today released an action plan for the .co operator selection process. more

Too Little, Too Late? Why ICANN’s Proposed WHOIS Access System Isn’t Worth It

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

Forget TLDs, Keep Dot Suffix and Move On

I have been working on URL, Web address, ID's and Namespace since quite a long time and I have my reservations about the present set up being a complete network. generic Top-Level Domains (gTLDs), country codes (cc), .co are all complicating the network, add to that the problem of address shortage plus other problem mentioned in comments and blogs at CircleID. It's time for out of the box thinking. more

Per Capita, Netherlands Is the World’s ccTLD Leader

The Netherlands, a country with just 16 million people, accounts for more than 3 million ccTLDs. That's an impressive ratio of people to domains -- one ccTLD per 5.3 people -- and it the highest ratio of any country with more than five million residents. Germany comes in a close second, with a ratio of roughly one ccTLD per 6.5 people... more

An Anti-Competitive .com Fait Accompli?

In a recent article, Is ICANN Staff Misleading the Board Into Violating Obligations to the U.S. Government, I wrote: The referenced Memorandum of Understanding (MOU) is the vehicle by which the U.S. government delegates to ICANN the responsibilities for overseeing the technical management of the Internet's Domain Name System (DNS)... This is important for many reasons, and much remains to be analyzed for additional context that can help expose the rot at the Internet's root. more

Another Registrant Loses UDRP Where Trademark ‘Spans the Dot’

Here's another example of a domain name dispute where the top-level domain (TLD) was essential to the outcome of the case -- because it formed a part of the complainant's trademark: mr.green. In this decision under the Uniform Domain Name Dispute Resolution Policy (UDRP), the panel joined a short but (slowly) growing list of disputes in which the TLD plays a vital role. more