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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
A split Panel in an early decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) held that parties deserve more than "[i]t depends [on] what panelist you draw." Time Inc. v. Chip Cooper, D2000-1342 (WIPO February 13, 2001). That's one side of the paradigm; the other side makes demands on the parties to prove their contentions, either of cybersquatting (one element of which is proving that respondent lacks rights or legitimate interests) or rebutting the claim (one element of which is respondent demonstrating it has rights or legitimate interests). 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
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
One of the consistent themes of this blog series is that despite similarities across .brand TLDs, no two brands will settle on the exact same strategy and process for moving their TLD to launch. As I discussed last week, an implementation plan ensures that each required action is documented, responsibility for it is assigned and a more detailed project plan can be developed to take this process further. 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
ICANN has started dot name evaluations and charging ahead at their full speed. Mathematically it can be proven that any reasonable success of the current 1500 proposed dot names will result in tens of thousands of additional applications in the subsequent rounds. It is estimated that by the year 2020 there will be 10,000 dot names in operation and by 2025 the number would easily double. Such forecasts are not based on technological advances more
I have recently been a "victim" of the domain name tasting "scam". A domain name (.COM) which is related to me personally (and which was owned by someone else previously) expired and as I knew from Whois (which is another debate on its own) that the expiry date was coming up, I kept a watch on when it would become available so I could register it. To cut a long story short, it took me nearly 6 weeks to get the domain. Each time the domain dropped off the 5 day grace period (it is not really something that would generate ad revenue), it would be picked up by a different registrant... more
Abusive conduct or cybersquatting is the essence of disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP), usually by domain name registrants violating their warranties of registration but also (in appreciable numbers) by trademark holders overreaching their statutory rights. The UDRP remedies are asynchronous: there is forfeiture of offending domain names; for abusive use of the process there is reverse domain name hijacking (RDNH), essentially a shaming remedy that substitutes for a monetary penalty. more
Data privacy and security experts tell us that applying the "need to know" principle enhances privacy and security, because it reduces the amount of information potentially disclosed to a service provider -- or to other parties -- to the minimum the service provider requires to perform a service. This principle is at the heart of qname minimization, a technique described in RFC 7816 that has now achieved significant adoption in the DNS. more
ICANN published the second version of its Application Guidebook for new generic top-level domains earlier today (late evening Los Angeles time). Alongside version two of the Guidebook – published by module and in a red-line version – are explanatory memoranda, the opening of a second public comment period (closing 13 April) and an extensive summary and analysis of the public comments made to the process so far. more
An IDN is a domain name which uses a particular encoding and format to allow a wider range of scripts to represent domain names such as Gujarati, Arabic, Chinese, Cyrillic, Devanagari and many more scripts. In simple words, a domain name with non-English characters will be called an Internationalized Domain Name. Humans have a variety of languages and alphabets that are familiar to them, and domain names do too. IDN unlocks an increased familiarity and affinity for humans. more
The lexical material from which trademarks are formed is drawn from the same social and cultural resources available to everyone else, which includes domain name registrants. Since trademarks are essentially a form of communication, it is unsurprising that a good number of them are composed of common terms (dictionary words, descriptive phrases, and shared expressions) that others may lawfully use for their own purposes. more
Google today launched another new top-level domain, .dev, to the public aimed as a secure domain for developers and tech community. more
Recently ICANN published a report on inaccurate registration data in her own databases. Now the question is presented to the world how can we mitigate this problem? There seems to be a very easy solution. ... The question to this answer seems simple. To know who has registered with an organisation. This makes it possible to contact the registered person or organisation, to send bills and to discuss policy with the members. more
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