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Looking Ahead - UDRP Bad Faith Analysis and New gTLDs

The Internet, at nearly every stage of its evolution, has effected change in existing intellectual property industries as those industries struggle to keep up with the march of technological advancement. For example, the entertainment industry has seen widespread piracy and bootlegging of just and soon-to-be released movies as a result of the increased availability of broadband Internet access in the home, and efficient peer-to-peer file-sharing technologies online. In response the entertainment industry has backed a wave of proposed legislation including the maligned Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA). more

Domains and the Freedom to Speak

For a very long time, predating the birth of ICANN, there's been a running battle about what should be required when one registers domain names. To oversimplify quite a lot, one side sees domain names as an essential component of free speech, so anyone should be able to register any domain without limit, the other notes that they're primarily used for commercial purposes and they enable quite a lot of mischief, so the more control, the better. more

NEW CEO, Trademark Clearinghouse, URS and RAA Take Center Stage at ICANN 45 in Toronto

At his first meeting as CEO of ICANN, Fadi Chehade showed up ready to work AND to listen. ICANN's new CEO described his objectives for the organization which included 1) affirmation of purpose, 2) operational excellence, 3) internationalization, and 4) evolution of the multi-stakeholder model on which ICANN is built. He also described significant organizational changes to ICANN leadership and staff... more

ICM Announces General Availability of .XXX Domain Names

ICM Registry, the official registry of the new adult top-level domain (TLD) launched today for General Availability of .XXX domain names on a first come, first served basis. While the debate over the new domain has been fierce, the company reports today: "The introduction of .XXX has quickly become the most successful launch of any new sponsored top level domain. The positive public response has fueled global media interest normally not afforded to a new domain launch. In addition, the global advertising campaign, a first for any adult-related company, includes hundreds of nationally broadcast TV commercials, radio, newspapers and online ads. The www.buy.xxx website is already receiving nearly one million visitors per day." more

Study Suggests New gTLD Cybersquatting, Defensive Registrations Overestimated

According to recent study conducted by Minds + Machines, historical data analysis suggests brand owners do not necessarily register their brands when it comes to new generic Top-Level Domains. From the report: "A survey of the domain registration behavior of Fortune 100 companies reveals that they have not registered many of their trademarks in recently created generic top-level domains (gTLDs). A sample of 1043 brands were registered in less than 30% of the eight new open gTLDs created after 2001. If historical registration data is a guide, brands are unlikely to undertake many defensive domain name registrations in the proposed new gTLDs, and furthermore are unlikely to be the victims of cybersquatting." more

DNA Auction Plan to Reinvest Money Into Industry

Love them or hate them, auctions are an unavoidable reality of the new Top-Level Domain (TLD) Program. By their very nature, they create winners and losers. All that is in doubt is where the money goes -- to the losing parties under a private auction model or to ICANN under their auction of last resort. There are pros and cons for both models. But what if there was another way? more

.AI You Ready? A Domain to Add to Your Portfolio… Before Someone Else Does

On the sunny beaches of Anguilla -- a small island of just 35 square miles -- I'm sure artificial intelligence (AI) is the last thing people are thinking about. The primary industries of Anguilla, set in the Leeward islands in the Caribbean, are tourism and offshore banking. However, this nation has been assigned the country code top-level domain (ccTLD) .AI -- which is being repurposed to represent artificial intelligence. more

KerryEdwards.com Buyers Get Second Chance

The widely publicized auction of the domain name KerryEdwards.com ended Saturday night, but the search for a new owner continues. According to Matt Bentley, CEO of Sedo.com, the domain name brokerage managing the sale, a key bidder withdrew at a late stage in the auction, leaving the domain up for grabs among the dozen or so parties who had expressed a serious interest in purchasing the domain. more

TLD Rights Protection Mechanisms

Potential trademark Rights Protection Mechanisms (RPM) at the 2nd level can be divided into three main areas -- each defined by their time relative to Top-Level Domain (TLD) launch... Of these, we believe the third, "After Launch," is the most fruitful path to explore. We believe it offers the most potential to protect the rights of trademark holders, the best balance between TM rights and the legitimate rights of others who may want to register names , and the most benefit to the trademark community at the lowest cost to them... more

ANA Moves Campaign Against New gTLDs to YouTube, Accuses ICANN of Lying

The Association of National Advertisers (ANA) has shifted its campaign against ICANN's new gTLD program to YouTube with a video from its President accusing the organization of "lying" about having reached a consensus over its plans, reports Kieren McCarthy at .Nxt. "The video ends with a dramatic statement, clearly devised to produce stories such as this one: 'So we'd like to say to ICANN: your claim for consensus it wrong, it is false, it is a lie." more

Which Internet Extensions (gTLDs) to Apply For?

The number of possible new generic top-level domains (gTLDs) to apply for is daunting. Where do you start? This essay warns against some common pitfalls and outlines three logical steps that you need to follow in making your selection. Remember that there is money to be made in owning the right gTLD. Skeptics focus on the success, or lack of it, of previous expansions such as .name, .biz, and .info. They're using the wrong lens. more

New Domain Conference Coming to South America - Domaining Americas

Veteran domain investor Abner Duarte from PremiumDomains.com.br is featuring a new event called Domaining Americas, to be held in Rio de Janeiro, Brazil, in October 2018. He is puting together a major domain conference for South America. The debut edition of Domaining Americas will be held at the five-star Grand Hyatt Rio De Janiero on Saturday and Sunday, October 6-7, 2018. more

FTC Puts Burden Back on ICANN Concerning .Sucks Dilemma

Kieren McCarthy reporting in The Register writes: "The US Federal Trade Commission (FTC) has responded to questions over the legality of .sucks domain pricing with a three-page "I told you so" letter to domain name overseer ICANN. more

ICANN’s Governance Conundrum

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

Undesirable Consequences of Empirical Studies on Cybersquatting

Empirical studies on cyber- and typosquatting (for example, Moore and Edelman's "Measuring the Perpetrators and Funds of Typosquatting") may inadvertently encourage bad behavior. People tend to do what most other people are doing, even when the given act is presented to them as something wrong. more