Domain Names

UDRP: The Liabilities for the Corporations and/or their Lawyers

This post is based on the scenario that a trademark.tld domain name is registered with a UK ICANN accredited registrar, (they have an exclusive UK jurisdiction clause in their contracts), the trademark.tld criticism website located at that domain name is strictly non-commercial, the servers are located in the UK, and the registrant is a British citizen. In the above circumstances, the corporations and/or their lawyers are taking a big risk when they use the Domain Name Dispute Resolution Policies (UDRP) in order to silence criticism at trademark.tld. more

How Will the New .AU Domain Licensing Rules Impact You?

The .AU Domain Administration (auDA) will soon implement new .AU domain administration licensing rules either late this year or early next year. These rules apply to new registrations and around 3 million existing domain names in the com.au, net.au, org.au, and more .AU namespaces... Previously, an Australian trademark application or registration may constitute the required Australian presence for an .AU domain name, but the domain name need not match the trademark. more

Getting a Handle on IDNs

Internationalized Domain Names or IDNs are back in the news. ICANN recently released a document entitled "Proposed Final Implementation for IDN ccTLD Fast Track Process"... In a nutshell, ICANN has now offered a path toward authorizing the adoption of ccTLDs in many countries' native languages. This marks a welcome advance for millions of Internet users who do not speak English or who do not use another language covered by ASCII. But with this advance comes some concerns. more

Typosquatting as Per Se Cybersquatting Unless Proved Otherwise

The quintessence of typosquatting is syntactical variation: adding, omitting, replacing, substituting, and transposing words and letters. Since these minor variations are mostly indefensible, respondents rarely respond to complaints, although as I will explain in a moment there can also be innocent and good faith syntactical variations which are not typosquatting. It follows that if there are defenses, respondents should prudently respond and explain their choices because default generally favors complainants. more

ICANN Approves At-Large Framework for Latin America

The Internet Corporation for Assigned Names and Numbers (ICANN) recently launched organizing of the individual Internet user community (At-Large) for increasing global participation and representation in ICANN. Under a framework approved by ICANN's Board of Directors, local and regional groups may now form in Latin America to involve their members in critical issues that effect their use of the Internet's domain name system. more

Tips to Protect Your Brand in the New Domain Name Marketplace

Over time, people have grown accustomed to most Web site addresses ending in .com, .edu or .gov. Yet a proposed expansion of the generic top-level domain (gTLD) space by the Internet Corporation for Assigned Names and Numbers (ICANN) will change the way we look at domain names forever... For businesses, this change means that protecting their trademarks and searching for and watching gTLDs will become increasingly complex. more

The Real Uneven Playing Field of Name Collisions

Recent comments on the name collisions issue in the new gTLD program raise a question about the differences between established and new gTLDs with respect to name collisions, and whether they're on an even playing field with one another. Verisign's latest public comments on ICANN's "Mitigating the Risk of DNS Namespace Collisions" Phase One Report, in answering the question, suggest that the playing field the industry should be concerned about is actually in a different place. The following points are excerpted from the comments submitted April 21. more

Scene Behind the Screen of IDN ccTLDs

Fundamental & imperative story behind this enablement of a meaningful string as IDN ccTLD name script in local language is very interesting. Previously there was a limitation of two letters as abbreviation for the IDN ccTLD name script and it is I, who proposed and convinced ICANN to remove this limitations that enabled all countries and territories of the world (who use non-Latin base script of their official language) to apply for a meaningful abbreviation or full name of the country as IDN ccTLD. 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

End of Cybersquatting? The gTLD Advantage

On the other hand, major dot brand generic Top-Level Domains (gTLDs) are for internal and controlled sub registrations, they would not be open to first come public offerings and therefore it makes no sense for IBM to plan advance purchase of ibm.canon, as Canon, owner of their own gTLD dot canon, unless mutually agreed between two brands, would have no incentive to sell such a registration to a cyber squatter or to anyone else for that matter. 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

New Report Uses Media Impressions as a Measure for New TLD Usage and Success

With so many new domain extensions now available in the online space, it is very hard to measure the success of an individual TLD (Top Level Domain). There have been various methods used, such as total domain registration count, hosted live sites in the Alexa top-million, premium domain sales, aftermarket value, etc. Many of these metrics do help in understanding a new extension's progress, however, top-line registrations alone do not tell a complete story. 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

The Trembling Trademark Owners

Why is so much fear being created in the name of protecting trademark owners? Say, if ICANN allowed some third party a generic Top-Level Domain (gTLD) called .panasonic will the sky fall? No, not at all, as Panasonic, the true and rightful TM holder will hit the unauthorized gTLD with a 2x4 and no judge would oppose issuing a cease-and-desist order. Now the other question is... more

Realizing There’s More to Life Than .COM, Europe and Asia Already Do

It's getting so hard to find a decent .COM domain name that a big weed patch of businesses has grown up hawking really terrible names for enormous prices -- and they're finding buyers. They're catering to people who are just trying to find something -- anything! -- that will work for their new web site. The problem is especially acute for those who are trying to start a business. more