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If early International Centre for Dispute Resolution decisions are anything to go by, as far as dispute resolution panellists are concerned, singular and plural versions of the same string do not risk causing user confusion. Tasked with handling string confusion objections under the new gTLD program, the ICDR has just rejected an objection by Google against Donuts' application for .CARS. Google has applied for .CAR. more
It has been over a year since I posted "The Non-Parity of the UDRP", how little did I know then compared to now! Since that posting, the corporations and their lawyers have given me a crash course in the law and I have learned much. There are many tricks that corporations will play on a domain name registrant in order to silence criticism of the corporation and to violate the registrants right of freedom of expression without frontiers. The UDRP Administrative Proceedings is one such trick... more
An IDN is a domain name which uses a particular encoding and format to allow a wider range of scripts to represent domain names such as Gujarati, Arabic, Chinese, Cyrillic, Devanagari and many more scripts. In simple words, a domain name with non-English characters will be called an Internationalized Domain Name. Humans have a variety of languages and alphabets that are familiar to them, and domain names do too. IDN unlocks an increased familiarity and affinity for humans. more
There are two kinds of new domain name extensions: those dedicated to selling domain names through the network of accredited Registrars and those dedicated to a personnel use. I call these "dotBRANDs" or ".brand" new gTLDs since they are used - most of the time - by Trademarks for their own benefit. This article focuses on .BRAND new generic Top-Level Domains. In the ICANN vocabulary, these are "Registry Agreements with Specification 13". more
As discussed in the several studies on name collisions published to date, determining which queries are at risk, and thus how to mitigate the risk, requires qualitative analysis. Blocking a second level domain (SLD) simply on the basis that it was queried for in a past sample set runs a significant risk of false positives. SLDs that could have been delegated safely may be excluded on quantitative evidence alone, limiting the value of the new gTLD until the status of the SLD can be proven otherwise. more
Despite the launch of more than 1,200 new gTLDs, .com remains far and away the most popular top-level domain involved in domain name disputes. In 2016, .com domain names represented 66.82 percent of all gTLD disputes at the World Intellectual Property Organization (WIPO), the only domain name dispute provider that publishes real-time statistics. And, as of this writing, the rate is even higher so far in 2017, with .com domain names accounting for 69.78 percent of all disputes. more
A Court of Appeals in Kentucky has granted a motion to delay a forfeiture hearing that will determine the fate of 141 domain names related to online gambling and poker sites. The Interactive Media Entertainment and Gaming Association (iMEGA), an Internet trade association based in Washington, D.C., asked the three-panel appeals courts to grant a stay so that the appeals court could consider iMEGA's petition to have the lower court seizure ruling overturned. more
Trademark owners in the U.S. have a choice in suing for alleged cybersquatting: either the Uniform Domain Name Dispute Resolution Policy (UDRP) or the Anticybersquatting Consumer Protection Act (ACPA). Of the two, the UDRP is far and away the forum of choice for a very good reason: it is speedy, efficient, and inexpensive. Complaint to award can be concluded in less than 45 days. more
The ICANN meeting in Nairobi starts officially next Monday. However, as is normally the case, by the time Monday rolls around people will already have been working since Saturday morning (if not earlier). All ICANN meetings seem to be surrounded by some bit of controversy and excitement, but the Nairobi meeting is possibly more dramatic than many others. The last attempt to hold a meeting in Nairobi failed, with ICANN opting to hold the meeting near LA's airport, LAX, instead. more
The first part of this series explained how Amendment 35 to the NTIA-Verisign cooperative agreement is highly offensive to the public interest. But the reasons for saving the Internet are more fundamental to Western interests than a bad deal made under highly questionable circumstances. One of the world's foremost experts on conducting censorship at scale, the Chinese Communist Party's experience with the Great Firewall... more
Earlier this month, MarkMonitor representatives were privileged to witness, at the first ICANN meeting of 2016 in Marrakech, Morroco, the historic presentation of the plan to transfer the stewardship of key internet functions (IANA) from the United States Government to a community and consensus-based model of governance through ICANN (Internet Corporation for Assigned Names and Numbers). more
Signing Email is now a Draft Standard! Signing email transitioned from a proposed standard to a draft standard (RFC6376 -- one of the new RFCs) over at the IETF a few days ago. The other is RFC6377. Let's go through a brief history of DKIM RFCs to refresh our memories... more
Momentum has released the following announcement regarding its upcoming 3rd Digital Marketing & gTLD Strategy Congress (March 3-4, 2014, The Dream Downtown, New York). more
If we traveled back in time, we would discover that unauthorized squatting on someone else's property is an ancient tort, but in cyberspace, it dates from the mid-1990s. Its emergence brought together governments and intellectual property stakeholders to demand a rights protection mechanism devised to deal with this new form of squatting. In 1999 the World Intellectual Property Organization (WIPO) completed its work on a proposal for an online rights protection mechanism which ICANN crafted into the Uniform Domain Name Dispute Resolution Policy (UDRP). more
It makes the strategist in my heart sing when I see that most of the new gTLDs labeled generic are in fact words that speak to a specific niche. Most are even so specific that the average person, a friend sitting next to you at a dinner party, your parents, can understand how a space online dedicated to that word might be a reasonable option for that audience and the names they chose online. And then inevitably you are forced to trot along the path of 'what about .com??!' with said dinner party guest. more
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