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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
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
Respected ICANN Chairman of the Board Steve Crocker has wrapped up his organisation's 47th International Meeting, held in Durban last week, with a message to the community. This message, reproduced here in its entirety, provides both a useful and concise summary of the Durban meeting and insights into the Chairman's view of where ICANN stands at the moment, the successes it has notched up and the challenges it faces. more
ICANN has issued a guidance notice to registrars and registries in relation to Hurricane Maria, which caused massive damage throughout the Caribbean. This isn't the first time that this has happened, with a previous incident in Asia triggering action from both registrars and registries to give domain name registrants impacted by the natural disaster breathing space. 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
Last month ICANN began soliciting comments on Stuart Lynn's A Plan for Action Regarding New gTLDs, which will be one of the Internet governance organization's primary discussion topics at its December meeting in Amsterdam. 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
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
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
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
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
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
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
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
In response to the Washington Post's December 11 article title "What's the .rush?", directed at the expansion of new TLDs, Rod Beckstrom, ICANN's President and CEO has replied in a letter to the Washington Post stating: ""The program of the Internet Corporation for Assigned Names and Numbers (ICANN) to open the Internet to new top-level domain names (TLDs) has been anything but rushed..." more