Domain Names

A Little Flexibility from ICANN and We Might Just Get IDNs… for Everyone

Nobody doubts that some time in the near future there will be Internationalized Domain Names (IDNs) in Chinese, Russian or Arabic scripts. The Chinese, Russian and Arabic-character-using worlds are large -- encompassing hundreds of millions of current and potential users. They are politically influential blocs, with the ability to demand action in international meetings. And perhaps most importantly, they are -- at least when taken together -- rich. Everybody knows that access on the web in these languages is not a matter of if, but simply a question of when... more

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

ICANN Hubris Knows No Ends

Despite all signs pointing to a launch of the new generic Top-Level Domains (gTLDs) program in Singapore, it seems like ICANN could not help poking the Government Advisory Committee (GAC) in the eye one last time. In the latest installment of how a California not for profit technical coordinating body knows best, we have the ICANN Evidence of "Use" Requirement for Trademark Protection document. 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

Satisfying the Evidentiary Demands of the UDRP

It continues to surprise that some counsel in proceedings under the Uniform Domain Dispute Resolution Policy (UDRP) are unaware or oblivious of its evidentiary demands, by which I mean they file and certify complaints with insufficient evidence either of their clients' rights or their claims. Because the UDRP requires conjunctive proof of bad faith registration and bad faith use (as opposed to the disjunctive model of the Anticybersquatting Consumer Protection Act), it should be ingrained for counsel experienced in the jurisprudence to know they cannot hope to succeed with marks postdating registration of domain names. more

Vulcan Golf v. Google Class Certification Denied

This is a complex lawsuit by trademark owners attacking domaining and the role of the Google AdSense for Domains program in funding domaining activity. When I first blogged on the case in 2007, I wrote: "the lawsuit could effectively fall apart if the judge rejects formation of a class. Trademark class action lawsuits are rare for good reason..." Last week, the court ruled on class certification, and perhaps not surprisingly, the court denied certification -- giving Google and the other defendants an early Christmas gift. more

“Objective” and “Objectivity” in UDRP Decision Making

No one will disagree that disputes before arbitral tribunals and courts should be determined on the merits. I have noticed that some Panels appointed under the Uniform Domain Name Dispute Resolution Policy (UDRP) have employed the words "objective" and "objectively" in their recent decisions. In pondering these linguistic choices, it seems to me that there are two possible reasons for their use; the first is more acceptable than the second. more

Moving DNSSEC Forward: Help for Registries, Registrars, ISPs/Hosting, Enterprises, and Name Owners

DNSSEC adoption has been slow, but is now picking up speed, thanks to organizations leading the way. ... While some registries have already signed, some have announced plans to sign and others are still trying to figure out their plan. Either way, DNSSEC is here. How can we make DNSSEC adoption quicker and easier not only for the registry but for individual name owners? more

ICANN to Extend Verisign .COM Registry Contract for Another Six Years

"Verisign to get .com for six more years, but prices to stay frozen," Kevin Murphy reporting in Domain Incite: "ICANN and Verisign have agreed to extend their .com registry contract for another six years, but there are no big changes in store for .com owners." more

Reasons Why You Should NOT Apply for a .BRAND New gTLD

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

Recognizing ICANN’s Failures

The Internet Corporation for Assigned Names and Numbers (ICANN) has failed on a number of fronts, resulting in sub-par products and services in a global monopolistic environment. Failures will continue if not recognized and immediately addressed. Leadership is about the future, a journey into uncharted territory, and it requires vision supported by technical, operational, and mind-changing competencies. ... It does not require a rocket scientist to recognize that ICANN has fallen short because it lacks... more

Challenging UDRP Awards in Courts of Competent Jurisdiction

The Uniform Domain Name Dispute Resolution Policy (UDRP) is not an exclusive forum for the resolution of domain names accused of cybersquatting even though registration agreements use the word "mandatory" in the event of third-party claims. The UDRP is mandatory only in the sense that respondents are "obliged by virtue of the [registration] agreement to recognize the validity of a proceeding initiated by a third-party claimant." 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

Uncontrolled Interruption? Dozens of “Blocked” Domains in New gTLDs Actually Delegated

The Mitigating the Risk of DNS Namespace Collisions report, just published by JAS Global Advisors, under contract to ICANN, centers on the technique of "controlled interruption," initially described in a public preview shared by Jeff Schmidt last month. With that technique, domain names that are currently on one of ICANN's second-level domain (SLD) block lists can be registered and delegated for regular use, provided that they first go through a trial period where they're mapped to a designated "test" address. more

New TLD Vertical Integration, Market Forces and the Path of Least Compliance

The ICANN Board will soon make many decisions, one of which is to decide whether to continue or reverse ICANN's longstanding policy of vertical separation of registries and registrars. Since new Top-Level Domains (TLDs) are supposed to benefit registrants with lower prices, choice and what we trust will be a decision for 'market-differentiated' competition, the Board will no doubt consider market forces as well as compliance and enforcement issues in choosing the path that can maximize these goals. more