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The day after 'reveal day' two big questions will emerge; firstly was the advertising branding world so wrong or secondly, the parties behind the proposed names so invincible and can turn their $350 million dollars into many tens of billions. To be fair the jury may be out nevertheless, here are some facts... The Internet was never designed to solve the global business naming problems; it was the extension of DARPA, a failsafe military communication system later adventured into public use. 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
To the dismay of many (and the chagrin of some), it appears as though the US House Subcommittee on Intellectual Property, Competition and the Internet will be conducting a hearing on New generic Top-Level Domains (gTLDs). Meanwhile, ICANN is careening towards the finish line of the new gTLD Program with a vote by the ICANN Board scheduled for June 20th. Just what this all means remains to be seen. more
Adolescents were fascinated by the book and film called "Hunger Games". The plot is about a government forcing people to watch, and forcing some to play, a cruel game for life and death. ICANN's own Hunger Games, the so-called "digital archery" or "batching" process, is not lethal to people, but shares all other features: it is forced upon the participants, it is destructive, unfair and unnecessary. 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
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
InvenTel makes security cams for cars. It is trying to crack down on Chinese counterfeiters. It brought a prior lawsuit against a wide range of defendants, including GoDaddy. InvenTel voluntarily dismissed GoDaddy from that suit. It brought a second round of litigation involving a new counterfeit site allegedly by the same bad guys, www.hdminorcarnbuy.com, a domain name registered via GoDaddy. more
As I predicted more than three months ago, 2016 turned out to be a record year for domain name disputes, including under the Uniform Domain Name Dispute Resolution Policy (UDRP). That's according to statistics from the World Intellectual Property Organization (WIPO), the only UDRP service provider that publishes real-time data on domain name disputes. WIPO's statistics show 3,022 cases in 2016 -- an increase of almost 10 percent from 2015. The previous most-active year for domain name disputes was 2012... more
Afnic, the association responsible for several Internet Top Level Domains, including the .fr country-code TLD, shares its annual global domain name market analysis. In this new report, the association deciphers global trends and highlights the specific characteristics of the different segments and the regional particularities. more
The new gTLD program of 2012, based on the Generic Names Supporting Organization (GNSO) policy recommendations of 2007, has been both a success and mess. In terms of its success, many new and innovative names are being introduced on the Internet, more most every day. The mess has involved ad-hoc, independent decisions by the Board and implementation decisions by ICANN staff that have resulted in variety of problems including a broken community evaluation process... 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
Really ICANN? The Trademark Clearinghouse provides unprecedented protection. According to your recent announcement it does. Do tell, ICANN -- in what way does the Trademark Clearinghouse protect anything? more
On Friday I was on a surprisingly interesting session at Rightscon 2018 in Toronto about GDPR and WHOIS. The panel consisted of Eleeza Agoopian from ICANN staff; Avri Doria who was recently appointed to the ICANN board; Elliot Noss who runs large registrar Tucows; Stephanie Perrin who has done a lot of privacy work for the Canadian government and as an ICANN volunteer, and me; Milt Mueller, who is now at Georgia Tech, moderated. more
There were only 1.8 million registered .com names when I joined the NSI (Network Solutions) Marketing Team in the summer of 1998. ICANN was formed just a few months later. By the time we were acquired by Verisign in June of 2000 there were roughly 14 million names in the .com database. I recall predictions that one day there would be 100 million registered .com names. Some thought that was a craaaazy number and wanted to know what we were smoking. more
ICANN has introduced the Registration Data Request Service (RDRS), offering a standardized way to request access to nonpublic data for generic top-level domains (gTLDs). more
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