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When is Similarity Confusing? Cybersquatting and Abusive Registration

The case I'm reporting on today has garnered attention from a number of quarters. One commentator, Andrew Allemann tells us that "[he's] struggling with this UDRP decision" and Nat Cohen of Telepathy Inc. in a couple of Tweets and a private conversation is concerned that the holding could be a Trojan Horse by erasing the distinction between merely confusing and confusingly similar. The problem centers on the Panel's holding that everyfamily.org is confusingly similar to EVERYTOWN... more

Typosquatting Claims Against Security Researcher Are Legally Complicated - Gioconda v. Kenzie

Kenzie is a security researcher who has registered numerous domain names that are typographic errors of well-known trademarks (e.g., rnastercard, rncdonalds, nevvscorp, rncafee, macvvorld, rnonster, pcvvorld). He points the domain names to the actual sites in question (e.g., rncdonalds points to mcdonalds.com), but he is looking to demonstrate how these typo domains are used for "social engineering" attacks. more

What ICANN Participants Have in Common with (and Could Learn from) Quakers

Throughout my childhood, I was a practicing member of the Religious Society of Friends (the 'Quakers'). Now, for the first time, I am participating in an ICANN meeting (specifically, the 34th in Mexico City). While at first blush these to two experiences seem to have little in common, it is actually striking how much they are alike... more

Background on .EU the Upcoming European Identity

Progress is being made towards launching a .eu top-level domain for European individuals, business and organisations.

On 22 May 2003, the European Commission announced its decision to designate the European Registry for Internet Domains (EURID) as the Registry for the new top-level domain (TLD) .eu. EURID is made up of three founder members ? the registry operators for the country code top-level domains (ccTLDs) .be (Belgium), .it (Italy) and .se (Sweden). The Commission?s decision follows a call for expressions of interest published last September and an evaluation by independent experts of the seven applications received. more

New Top-Level Domains Emerging

With all the buzz surrounding new Top-Level Domain (nTLDs) at the last ICANN meeting in Mexico, I am sure many of you have already encountered or read information regarding the latest applications. For those who haven't been staying abreast of the latest, here is a quick review... There are two different general types of TLDs -- gTLDs and ccTLDs. ICANN is now opening the possibility of adding further TLD extensions, which can virtually be anything... more

IRP Panel Sanctions Afilias, Clears the Way for ICANN to Decide .web Disputes

The .web Independent Review Process (IRP) Panel issued a Final Decision six months ago, in May 2021. Immediately thereafter, the claimant, Afilias Domains No. 3 Limited (now a shell entity known as AltaNovo Domains Limited), filed an application seeking reconsideration of the Final Decision under Rule 33 of the arbitration rules. Rule 33 allows for the clarification of an ambiguous ruling and allows the Panel the opportunity to supplement its decision if it inadvertently failed to consider a claim or defense, but specifically does not permit wholesale reconsideration of a final decision. more

Happy Birthday .CAT and ICANN

Today, four years after the launch of the Catalan linguistic and cultural registry, Google reports that there are 90 million pages of Catalan content under the some 36 thousand .CAT domains. As imperfect as Google's tools are as a metric, the correct observation is that the use of .CAT by Catalans vastly exceeds the expectations of its initial proponents... more

Closed Generics Debate Rages On

The new gTLD program continues to throw up last-minute debates on what is acceptable as a TLDs and what is not. The latest such verbal joust centers around closed generics. These are generic terms being applied for by applicants whom, should they be successful, will not open the TLD up to everyone on an equal access basis. As an example, think .book being run by Amazon and only available to Amazon customers. more

Verisign Issues Statement on ICANN’s Decision on .Web Auction

Verisign, a global provider of domain name registry services and internet infrastructure, released a statement today regarding the ICANN Board of Directors' decision on the .web auction. more

The Rise of a Secondary Market for Domain Names (Part 2/4): Origins of the Competition

Before the Internet, the sole competition for strings of characters employable as marks was other businesses vying to use the same strings for their own products and services. National registries solved this competition by allowing businesses in different channels of commerce to register the same strings but prohibiting competitors in the same industries from using identical or confusingly similar marks on the grounds that they were likely (at best) to create confusion and (at worst) to deceive the public. more

Big Brands Shooting Themselves In The Foot?

One of the topics that keeps coming up in ICANN policy discussions and as part of the new TLD application process is "transparency". ICANN, and the internet community in general, has had plenty of issues in the past with "bad actors" who have caused a lot of issues for everyone (think of many of the registrars who have lost accreditation in the last couple of years for example). On more than one conference call or policy discussion the issue of a company or a person's track record has come up. more

URS Is a Bad Fit for .ORG, Says EFF

The online digital rights group, Electronic Frontier Foundation (EFF) on Tuesday published a post warning ICANN's latest move requiring the use of Uniform Rapid Suspension (URS) for .org domain names is a "bad fit." more

Decision Day for ICANN: The End of the Beginning, or the Beginning of the End?

I've just arrived in Singapore, where ICANN's board will almost surely vote to launch an unprecedented expansion plan for generic top-level domains (gTLDs). As the new gTLDs start lighting-up over the next two years, we'll look back on this week as the "end of the beginning" since it ended several years of planning for the actual expansion. After the vote the real work begins: evaluating applications, implementing new mechanisms, and contract compliance on a scale far greater than ICANN has ever seen. more

Luxembourg to Offer Investor-friendly Legal Environment for Domain Names

EuroDNS, the Luxembourg registrar, used its well attended New Year party last Wednesday to invite the Minister of Telecoms, Jean-louis Schiltz to talk about a law voted at the end of December 2007. According to the Finance and Budget Commission Report on Draft Law 5801, Revenues generated from use of, or license to use, a Domain Name are exempted from Luxembourg corporate taxes up to 80%. more

New Internet Domain Names Need a Backstory to Succeed

If web address registrations are any indication (and they may not be), the hundreds of new Internet domains (where .guru competes with .com and .berlin intrudes on .de) are seeing slow, but steady success. By one count, there are about 2 million new online addresses. Slow and steady may wind up being the best business model, but if the effect of the top level domains is to be felt in business, culturally and socially, there needs to be more done than create the opportunity to register a new name... more