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I have hesitated in writing this memorial for udrpsearch.com because I did not want to announce a demise that may not be true or the fear that my saying it will make it so. The website went dark for a short period in 2017, before being restored after a brief shutdown, and (I thought) it could happen again. I was waiting for history to repeat itself. But, the website remains dark, without explanation, and I fear it will not return. We lost it on or about January 6, 2018. more
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
Domain tasting, as everyone probably knows by now, is the disreputable practice of registering lots of domains, seeing how much traffic they get, and then using the five day Add Grace Period (AGP) to refund the 99.9% of them that aren't worth paying for. A related abuse is front running, registrars speculatively grabbing domains that people inquire about to prevent them from using a different registrar. more
How to properly balance the commercial rights of a complainant with the free speech rights of a respondent has challenged a generation of Uniform Domain Name Dispute Resolution Policy (UDRP) panelists. Panelists have adopted a variety of approaches and consensus has been elusive. Paragraph 4(c)(iii) of the Policy provides that a respondent may have a right or legitimate interest in a disputed domain name... more
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
Professor Denis Carlton was asked by the Internet Corporation of Assigned Names and Numbers (ICANN) to submit a report on (or justify!) the impact of new top-level domains (TLDs) on industry competition. After he did so, Dr. Michael Kende posted an elaborate comment on the report on behalf of AT&T, to which Professor Carlton published a rebuttal. This essay outlines some of the errors in Professor Carlton's rebuttal and Dr. Kende's comments. more
The ICANN community recently gathered in Kobe, Japan for its first meeting of the year and it was certainly a busy week for attendees. Much of the meeting centered around the work of the Expedited Policy Development Process (EPDP) to address gTLD registration data. As a member of the EPDP team, we had been hard at work since being formed in August of 2018. Just prior to the Kobe meeting, we published the phase 1 Final Report. more
As recently reported, spam volumes indicate spam has nearly jumped back up to its pre-McColo shutdown levels. However, Symantec's The State of Spam report has also observed that in recent days spammers are increasingly piggybacking on legitimate newsletters and using the reputation of major social networking sites to try and deliver spam messages into recipients' inboxes... In its special URL investigation the report also indicates that on average approximately 90 percent of all spam messages today contain some kind of a URL. Additionally, analysis of data from past recent days, according to Symantec, have shown that 68% of all URLs in spam messages had a '.com' Top-Level Domain (TLD), 18% had a China's '.cn' ccTLD and 5% had a '.net'. more
Efforts to combat cybersquatting began in earnest in 1998 when the World Intellectual Property Organization (WIPO) (at the request of the United States Government supported by all member states) began an extensive process of international consultations "to address cross-border trademark-abusive domain name registrations." ... The extensive process concluded in the Spring of 1999 with WIPO publishing a detailed report... more
Corporate domain name portfolios often consist of domain names that do not resolve to relevant content. In fact, it's not uncommon for less than half of corporate domains to point to live content. Sure there are domains such as those that point to "sucks" sites or those registered anonymously for future use that purposely do not resolve, but those are the exception to the rule. more
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
Yes, that is a title of a real, current legal case and controversy. And, no, the links in this post are not spam... mostly gambling news sites seem to be reporting on this. The Governor of Kentucky, through his Justice and Public Safety Cabinet, has moved in court to have 141 gambling-related domain names transferred to the Kentucky state government, partially because other legal gambling operations in Kentucky, like horseracing, lose revenue to online gaming. Yes, you read that right: by allegedly violating KY law, the state can move to have property used in these unlawful acts transferred to the state. In this case, the "property" in question is the domain names themselves. This case is definitely novel in the realm of cyberlaw, but also is a bit controversial for how it originally proceeded... more
The Internet Infrastructure Coalition (i2Coalition) and The Domain Name Association (DNA) have announced their intent to merge, forming the largest Internet infrastructure advocacy group in North America. more
A secret weapon is falling into dangerous hands. Organized cybercriminals are building up portfolios of cybersquatting domain names. A smart operator with such a portfolio can go beyond simple stealing and competing full out for traffic and revenues. Rightful brand owners, feeling the squeeze, will find out too late that the bandits have the money to fight legal action. The time to act is now, before pieces of the playing field have been bought up by the enemy. more
"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
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