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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
Back in September of 2020, ICANN CEO Göran Marby wrote a blog post discussing the implementation of "a common strategy for Internet governance (IG) and technical Internet governance (TIG)", raising the question of whether the ICANN org. intended to pursue this distinction moving forward, as debated in a previous article. This was proven to be the case during the 2020 IGF's Open Forum #44: "ICANN Open Forum - Technical Internet Governance", organized by ICANN itself... more
Complainants have standing to proceed with a claim of cybersquatting under the Uniform Domain Name Dispute Resolution Policy (UDRP) if the accused "domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights" (4(a)(i) of the Policy). Quickly within the first full year of the Policy's implementation (2000) Panels construed "rights" to include unregistered as well as registered marks, a construction swiftly adopted by consensus. more
When all you have is a hammer, everything appears to be a nail. The generic Top-Level Domains (gTLDs) are not just about trademark filing and battle posturing or cyber-squatting. They are about the potential to create unusual global intellectual properties offering multiple opportunities for rapid image expansion and - most importantly - the achievement of market domination via name identity. more
In the run up to the launch of new TLDs there were a lot of rumours about which organisations would apply for which strings. Detractors might pick holes in the entire project, but it's very hard to argue against the merits of new TLDs specifically in the context of cultural linguistic communities that fall outside the realm of ccTLDs (country code top level domains). The case of Catalonia and .cat is probably the best one and has been vaunted as the poster child for new TLDs in some circles. more
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
This month, France Telecom's Lower Indian Ocean Network 2 "LION2" fiber optic cable has been put in service, bringing the total number of cables in East Africa to four. In South Africa it is expecting West Africa Cable System to go live next month. This huge growth in fiber optic cables connecting Africa means that bandwidth costs can go further down but there are many questions for internet service providers, regulators and policy makers... more
Neustar Inc. today announced that its Board of Directors have appointed Charles Gottdiener as President and Chief Executive Officer, effective immediately. more
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
Over 50 domain name registries and registrars in China have sent a joint letter to ICANN requesting immediate consideration to remove the 2020 fees. more
New domain name registrations in the fourth quarter of 2009 reached 3.7 million domain name registrations per month totaling close to 11 million new domain name registrations across all of the Top-Level Domains (TLDs) in the last quarter of 2009, according the latest Domain Name Industry Brief by VeriSign. "The base of country code Top-Level Domain Names (ccTLDs) rose to 78.6 million domain names, a three percent increase quarter over quarter and a 10 percent increase year over year. In terms of total registrations, .com continues to have the highest base followed by .cn (China), .de (Germany), .net and .uk (United Kingdom)." more
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
I have struggled over the past couple of weeks to come up with a metaphor to succinctly describe the standoff between the ICANN Board and the ICANN Government Advisory Committee (GAC) over the new generic Top-Level Domain (gTLD) implementation process. So here's my best attempt to explain these dynamics in terms a layperson may be better to understand. I chose the metaphor for its timeliness, without meaning to offend anyone. more
After two decades of involvement with ICANN, I am stepping down from the Board of Directors, where I served for nine years. I have spent considerable time of late reflecting on the past 20 years, and I have isolated some memories that help frame my time with ICANN. ... November 2000, ICANN07 in Marina del Rey, California - With only a scant idea of what ICANN is all about, I am warmly welcomed by the flag-wearing country code top-level domain (ccTLD) community, who come to ICANN to ensure that nothing happens to affect the independence of ccTLDs... more
ICANN has taken another crack at the question of the economics of launching new top-level domains (TLDs). The first report that the group commissioned on the subject was greeted by a loud and unhappy uproar. Now we have the preliminary draft of a new report, this one by professors Katz, Rosston, and Sullivan. It is insightful and analytic, but the final version needs to consider the theoretical and empirical issues... more
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