Domain Names

New gTLD Round 2 Update – Where Are We Really At?

Many industry onlookers and potential future applicants may be aware of the significant step the New gTLD Round 2 Program took recently when ICANN's policy body, the GNSO Council, unanimously approved the recommendations put forward in the final report from the community-led Subsequent Procedures Working Group and sent it to the ICANN Board for approval. more

Wildcarding Subdomains Is OK; Reverse Domain Name Hijacking Isn’t - Goforit v. Digimedia

This is a super-interesting dispute involving two not-so-interesting litigants. The plaintiff Goforit runs a type of meta-search engine at goforit.com. After spending 5 minutes at the site, I couldn't identify a single reason why anyone would want to use it. Also inexplicably, Goforit appears to be quite pleased with its trademark rights in "Goforit," a term that seems more like an exhortation than a trademark. more

Undone! Failure of Persuasion in UDRP Proceedings

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

Registration Numbers Not the Only Success Measure for New TLDs

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

Nominet Passes Governance Test With Flying Colours

The dot-uk registry Nominet has passed a crucial governance test with flying colours, voting yes on eight Board resolutions with more than 93 percent member support... The vote was a crucial test for both Nominet's Board and members: trust and confidence in the Board had been damaged by an acrimonious internal battle, which had subsequently led to the UK government threatening to end self-regulation of the UK's registry operations. more

Will ICANN Drop Its Biggest Revolutionary New Idea? Five Reasons

ICANN, the Internet Authority is up against the wall, and here are the top five reasons for which it may simply drop its greatest revolutionary idea of offering a brand new type of a designer domain name to fit the next generation of widely expanded Internet and cyber realities of tomorrow. This new proposed platform will surely revolutionize the marketing and branding for big and small businesses around the world, offering highly affordable tools for global reach than ever before but the strong opposition would like to kill this idea. more

WHOIS Inaccuracy Could Mean Noncompliance with GDPR

The European Commission recently released technical input on ICANN's proposed GDPR-compliant WHOIS models that underscores the GDPR's "Accuracy" principle - making clear that reasonable steps should be taken to ensure the accuracy of any personal data obtained for WHOIS databases and that ICANN should be sure to incorporate this requirement in whatever model it adopts. Contracted parties concerned with GDPR compliance should take note. more

.xom, BrandJacking and Error-Search

BusinessWeek is running a column called 'Brandjacking' on the Web. In summary, nobody likes deliberate cybersquatting or typosquatting. But if Typo domain-names did not exist, the traffic would continue to flow to Microsoft or Google via the browser's error search where those very large companies would make money in the same manner as the 'evil cybersquatters'... more

Important Changes in the Proposed Final New gTLD Applicant Guidebook

The new guidebook represents an enormous step forward for the new Top-Level Domain program for a number of key reasons. As we have commented previously, the naming convention as the 'Final' guidebook is of significant importance and reinforces the ICANN Board's intention to get to the finish line with the program. Of equal importance however, is that the number of changes from the previous version of the guidebook is relatively small and focus on a few key issues which shows that the end is indeed near. more

Looking Ahead - UDRP Bad Faith Analysis and New gTLDs

The Internet, at nearly every stage of its evolution, has effected change in existing intellectual property industries as those industries struggle to keep up with the march of technological advancement. For example, the entertainment industry has seen widespread piracy and bootlegging of just and soon-to-be released movies as a result of the increased availability of broadband Internet access in the home, and efficient peer-to-peer file-sharing technologies online. In response the entertainment industry has backed a wave of proposed legislation including the maligned Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA). more

Failure in ICANN’s Governance Framework

The legitimacy of the ICANN multistakeholder model and its governance framework are facing an existential threat requiring immediate attention. The recently announced results of the ICANN Nominating Committee highlight how the ICANN Board is captured by "affiliated" directors, which threatens its independence and ability to act for the public interest. more

New gTLDs’ Success Drivers

This post demonstrates that success factors differ across generic Top-Level Domains (gTLDs) depending on their implied signal/message. Success drivers can be grouped into four: community, location, generic keywords, and competitors to .com. I discuss their marketing implications... For community gTLDs, their success, as measured by profits, depends on whether the registrants are nonprofit or for-profit organizations. more

Trademark Attorneys Warn Companies About the Upcoming .CM Cybersquatting Possibilities

In light of recent announcements regarding Cameroon's country code Top-Level Domain, .CM, being opened to public registration, Tresa Baldas reports on Law.com: "Trademark attorneys are warning companies about a new target for cybersquatters known as '.cm,' which is the country code -- or top level domain -- for the West African nation of Cameroon. The dot-cm domain is a hot target for scammers, they say, due to 'cm' being a common typographical error for 'com' in the popular dot-com domain. Attorneys say this is significant to brand owners because Internet users searching for brand owners' Web sites frequently mistype dot-com as dot-cm and wind up on a bogus site. Not only is Web traffic lost, they say, but a brand name can get diluted or tainted along the way." (Also see, Nation of Cameroon Typo-Squats the Entire .com Space from 2006) more

Registrars That Complied With “Shakedown” Requests May Now Be in Violation of ICANN Transfers Policy

At the time we posted 'Whatever Happened To Due Process,' we were unaware that we were just one of many registrars receiving these notices from the London (UK) Police. We have since been made aware that this was part of a larger initiative against the BitTorrent space as a whole, and that most if not all of the other registrars in receipt of the same email as us folded rather quickly and acquiesced to the shakedown orders. more

The IANA Stewardship Transition - Now Is the Time to Share Your Views

The IANA Stewardship Transition process may have started more than a year ago, but last week it reached its pinnacle with the publication of the compiled Proposal to Transition the Stewardship of the Internet Assigned Numbers Authority (IANA) Functions from the US Commerce Department's National Telecommunications and Information Administration (NTIA) to the Global Multistakeholder Community" by the IANA Coordination Group (ICG). more