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Exceedingly Close and Difficult UDRP Cases

The ordinary run of cybersquatting cases is neither "exceedingly close nor difficult." Quote from Harvest Dispensaries, Cultivations & Production Facilities, LLC v. Rebecca Nickerson / Rock City Harvest, FA2004001892080 (Forum June 26, 2020) which is one of those rare cases in which the case was exceedingly close and difficult. For 90% of the docket (the percentage has been creeping up since 2016), even when Respondent appears (which it mostly does not), there is neither a defense nor merit to Respondent's contentions. more

A Snapshot of the Domain Industry in 2023

The year 2022 was a turning point. We started emerging from the covid emergency and could return to traveling and meeting our peers at industry events worldwide. But it was also a year of taking stock, with numbers returning to pre-covid levels. After two years of sky-high domain registrations, figures returned to pre-pandemic levels in 2022. The domain sector shows a good mix of strength and adaptability to change compared to other industries.  more

European Commission Killing Off Thousands of EU Domains Due to Brexit

After the Brexit vote, I wrote that there could be an impact on EU registrants based in the UK. Over the past year, the UK government has been engaged in negotiations with the EU to navigate the application of Article 50 and the UK's exit from the European Union. While there has been a lot of focus on issues like the customs union and the border between Ireland and Northern Ireland, the eventual departure of the UK from the EU will have a tangible impact on the European digital economy. more

Email Marketer’s Dilemma: Disappearing Domains

On May 31, British broadband provider EE discontinued service for a number of email domains: Orange.net, Orangehome.co.uk, Wanadoo.co.uk, Freeserve.co.uk, Fsbusiness.co.uk, Fslife.co.uk, Fsmail.net, Fsworld.co.uk, and Fsnet.co.uk. These domains were acquired by EE as part of multiple mergers and acquisitions. On their help page, EE explains that the proliferation of free email services with advanced functionality has led to a decrease in email usage at these domains. 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

Wildcarding Subdomains Is OK; Reverse Domain Name Hijacking Isn’t - Goforit v. Digimedia

This is a super-interesting dispute involving two not-so-interesting litigants. The plaintiff Goforit runs a type of meta-search engine at goforit.com. After spending 5 minutes at the site, I couldn't identify a single reason why anyone would want to use it. Also inexplicably, Goforit appears to be quite pleased with its trademark rights in "Goforit," a term that seems more like an exhortation than a trademark. more

Still Missing in Action

After wading through the various IANA Notice of Inquiry (NOI) submissions I thought I would take a break and do a secondary review of the recently concluded ICANN regional meeting in San Francisco. In doing this review there were three things that kind of jumped out at me as still missing in action. more

Hal Lubsen, Industry Leader and Former CEO of Afilias, Has Passed Away

Hal was an American entrepreneur and a visionary leader who managed and grew successful companies. He had a special impact on the domain name industry, where he founded domain retailer DomainBank and, in 2000, domain registry, Afilias. Hal grew Afilias into an industry leader and was also instrumental in founding Public Interest Registry (PIR), the non-profit that manages the .org domain. more

Live Long and (Do Not) Prosper: Lessons and Reminders from Yesterday’s Wikipedia Outage

Yesterday's Wikipedia outage, which resulted from invalid DNS zone information, provides some good reminders about the best and worst attributes of active DNS management. The best part of the DNS is that it provides knowledgeable operators with a great tool to use to manage traffic around trouble spots on a network. In this case, Wikipedia was attempting to route around its European data center because... more

Thinking Outside The ICANN Box: Creating A Prototype Based On Internet Experience - Part I

In research, one of the important steps is to identify the problem that needs exploration. Another step is to identify how to find a solution. Once it is possible to agree on the nature of the problem, then it begins to be a matter of how to approach the problem. more

ICANN May Not Be Perfect, But It Is Working

Though I have been critical of some of ICANN's shortcomings, I remain a strong supporter of ICANN's role as a private sector-led, multi-stakeholder global regulator for the Internet's core addressing systems. My recent blog post about my concerns with the communications processes relating to the addition of the first Arabic script IDN ccTLDs has been quoted in an ITU Staff Paper prepared for the ITU Council Working Group on the World Summit on the Information Society, to be held in Geneva tomorrow. This document seems to suggest... more

New gTLDs: Let the Gaming Begin (Part I - TLD Front Running)

A series of recent applications for national trademark rights in terms that correspond to likely strings for new top-level domain names, or TLDs, (e.g., ".BLOG") highlight just one way in which ICANN's new generic TLD (gTLD) application process is likely to be "gamed." But it is also a strategy to which some trademark holders may feel compelled to resort to defend their rights to that string. Unfortunately, it does not appear that ICANN is addressing these important public policy considerations. more

ICANN Paints Itself Into a Corner

ICANN recently commissioned a report from a domain auction company to see whether it would be a good idea to auction Top-Level Domains (TLDs) that have multiple applicants. Remarkably, the domain auctioneers came to the conclusion that auctions are a great idea, which they surely are for some people. But are they a good idea for ICANN? And if ICANN admits they can't evaluate competing applications on their merits, how can they keep the process from turning into another speculative land grab? more

Libyan Government Seizes vb.ly Domain

The one-page link shortening service provider, vb.ly, has been seized with no apparent warning by the Libyan government which manages the ".ly" county code Top-Level Domain (ccTLD). According to reports, Nic.ly, the registry operator of the ccTLD in Libya informed the user of the domain that the content of its website was considered offensive, obscene and illegal by the Libyan Islamic Sharia Law and therefore revoked. 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