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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
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
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
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
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
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
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
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
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
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
The United Kingdom's recent decision to relinquish control over the Chagos Islands as part of a treaty with Mauritius has raised significant questions about the future of the popular .io domain. more
Domain holders need to test their sites for 'DNS Flag Day' which will kick off on Friday, Feb. 1, 2019. more
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
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
After reading Steve Delbianco's recent CircleID article entitled The Tale of Two Governance Models I was torn. On one hand I agreed and supported Steve's comments about the strength of the bottom-up consensus driven model upon which ICANN was originally founded. As I am about to begin my thirty fifth ICANN regional meeting over the last eleven years, it is a model which I still believe in and fiercely fight to defend. However, on the other hand I look back over the last eleven years... more
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