Domain Names

Understanding ‘Reverse Domain Name Hijacking’ Under the UDRP

"Reverse Domain Name Hijacking" (RDNH) is a finding that a panel can make against a trademark owner in a case under the Uniform Domain Name Dispute Resolution Policy (UDRP)... While neither the UDRP nor the Rules provide any further details or guidance, the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition, provides some insight into the circumstances in which panels have found RDNH. more

Beyond WHOIS: Filling the Gaps

Amid evolving privacy laws and rising cybersecurity threats, domain registration data disclosure remains a contentious issue. Beyond WHOIS: Filling the Gaps brings together experts to examine Project Jake's policy framework, aiming to balance privacy with legitimate access. Join industry leaders for insights on policy clarity, operational efficiency, and the future of domain name governance. 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

Comments on Economics Study of ICANN’s New TLDs

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

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

Criminal Checks Needed for Domain Name Tasting, Kiting, Spying

International organisations should step in to prevent the "tasting," "kiting" and "spying" related to Internet domain names, say representatives from the US telecommunications and trademark industries. These new activities are dramatically altering online commerce and impacting legitimate businesses, and the United States Federal Trade Commission (FTC), World Intellectual Property Organization (WIPO) and the Internet Corporation for Assigned Names and Numbers (ICANN) should take action, they say. The US Anti-Cybersquatting Consumer Protection Act (ACPA) had too many loopholes given the actual trends in the domain name secondary market, said Sarah Deutsch, vice president and associate general counsel for Verizon, and Marilyn Cade, former AT&T lobbyist and now consultant on Internet and technology issues... more

ICANN Drifting Toward Online Content Regulation, Says Law Professor

In a paper for the Washington & Lee Law Review, University of Idaho College of Law Professor Annemarie Bridy, depicts ICANN's ambivalent drift into online content regulation through its contractual facilitation of a "trusted notifier" copyright enforcement program between the Motion Picture Association of America (MPAA) and two registry operators for new gTLDs, Seattle-based Donuts and Abu Dhabi-based Radix. more

So, You Claim to Have an Unregistered Mark! Is there Cybersquatting?

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

Collisions Ahead: Look Both Ways before Crossing

Many years ago on my first trip to London, I encountered for the first time signs that warned pedestrians that vehicles might be approaching in a different direction than they were accustomed to in their home countries, given the left-versus-right-side driving patterns around the world. (I wrote a while back about one notable change from left-to-right, the Swedish "H Day," as a comment on the IPv6 transition.) 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

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

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

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

DNA Auction Plan to Reinvest Money Into Industry

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

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