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Despite the launch of more than 1,200 new generic top-level domains (gTLDs) in recent years, .com remains - far and away - the top-level domain that appears most frequently in decisions under the Uniform Domain Name Dispute Resolution Policy (UDRP). But, some new gTLDs are attracting more disputes, including .site, which has become the new gTLD that, so far this year, has appeared in the most UDRP decisions. The rise of .site represents a change from last year, when .xyz was the most-often disputed new gTLD. more
My third installment regarding gTLD objections - and understanding exactly what's required for an objector to prevail - moves to the more complex community-based objections. For those getting their first exposure to this unwieldy beast, pull up a chair and get comfortable. The community objection involves multifaceted elements, each having its own set of defining factors and often using similar terminology in different contexts. As such, it can be very confusing and one can easily lose track of the bigger picture. more
The Shimkus Amendment to the $601 billion National Defense Authorization Act (HR 4435) passed the House of Representatives on May 22nd by a mostly partisan vote of 245–177. While all 228 Republicans present and voting supported the amendment only 17 Democrats voted "aye", with 177 in opposition. Final passage on the entire bill was a bipartisan vote of 325–98. The Senate has not yet passed its version of a FY 2015 Pentagon funding bill, and once it does all the differences between the two versions must be reconciled before it can be sent to President Obama for his signature. 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
As I noted on May 26, the final decision issued on May 20 in the Independent Review Process (IRP) brought by Afilias against the Internet Corporation for Assigned Names and Numbers (ICANN) rejected Afilias’ petition to nullify the results of the public auction for .WEB, and it further rejected Afilias’ demand to have it be awarded .WEB (at a price substantially lower than the winning bid). Instead, as we urged, the IRP Panel determined that the ICANN Board should move forward with reviewing the objections made about .WEB, and to make a decision on delegation thereafter. more
The Trademark Act of 1946 defines trademarks and service marks to include "any word, name, symbol, or device, or any combination thereof." Marks composed of lexical and numeric elements (as opposed to images) also can be described as strings of characters. Before the Internet there was no commercial use of such strings other than as marks, but the functionality of the Internet depends on strings of lexical and numeric characters in the form of domain names that serve as electronic addresses. more
2015 was a challenging yet exciting year for brand owners. While new gTLDs continue to consume much of the news in the domain industry, there were other notable highlights. Global domain registrations reached nearly 300 million; ICANN had several initiatives in motion that were of particular concern to brand owners; and companies continued to face threats to their brand reputation, revenue and customer trust. Here's my top 5 domain highlights from 2015. more
Like many, I've been watching the rollout of the first 150+ new Top-Level Domains (TLD) with interest. Since the delegation of ????. back in October, we've seen all sorts of TLDs launched -- from brands like .monash to generics like .build. There has been intense scrutiny within our industry on the zone file registration numbers of these delegated TLDs to measure whether or not they are successful. To be fair, this is not a surprise. We've been conditioned by past generic TLD launches to focus on registration numbers. 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
The Anti-Phishing Working Group has released its latest Global Phishing Survey, written by myself and Rod Rasmussen. This report comprehensively examines a large data set of more than 250,000 confirmed phishing attacks detected in 2015 and 2016. By analyzing this cybercrime activity, we have learned more about what phishers have been doing, and how they have done it. Unfortunately, there's more phishing than ever, and phishers are registering more domain names than ever. more
The outbreak of COVID-19 has caused worldwide disruption -- for whole nations and their economies. Unfortunately, there will be some side effects for businesses. A number of brands will disappear from the streets and shelves, as businesses that fail to weather the storm will have to fold. Companies that do survive will likely focus more on their core markets, pulling brands out of higher risk, less profitable markets... 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
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 each day passes, I spend more time immersing myself with prospective clients who are weighing up our offering over those of alternative providers. The more I become entrenched in this competitive process, the more it becomes increasingly clear that many of the competing RSPs pitching their wares to hopeful applicants are misleading them by hiding critically important information in fine print disclaimers or feeding them rubbish in order to whittle down the competition. Competition is a great thing; it just needs to be on the same playing field. Make sure you are comparing apples with apples. 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
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