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Vulcan Golf v. Google Class Certification Denied

This is a complex lawsuit by trademark owners attacking domaining and the role of the Google AdSense for Domains program in funding domaining activity. When I first blogged on the case in 2007, I wrote: "the lawsuit could effectively fall apart if the judge rejects formation of a class. Trademark class action lawsuits are rare for good reason..." Last week, the court ruled on class certification, and perhaps not surprisingly, the court denied certification -- giving Google and the other defendants an early Christmas gift. more

Domain Name Registrar Isn’t Liable for Counterfeit Goods – InvenTel v. GoDaddy

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 Rise of a Secondary Market for Domain Names (Part 3/4): Domain Names as Virtual Real Estate

The way the Internet operates drove a wedge between strings of lexical and numeric characters used as marks and alphanumeric strings used as addresses. Domain names were described by Steve Forbes in a 2007 press release as virtual real estate. It is, he said, analogous to the market in real property: "Internet traffic and domains are the prime real estate of the 21st century." more

Tips to Protect Your Brand in the New Domain Name Marketplace

Over time, people have grown accustomed to most Web site addresses ending in .com, .edu or .gov. Yet a proposed expansion of the generic top-level domain (gTLD) space by the Internet Corporation for Assigned Names and Numbers (ICANN) will change the way we look at domain names forever... For businesses, this change means that protecting their trademarks and searching for and watching gTLDs will become increasingly complex. more

ICANN Sets the Schedule to Kill Domain Tasting

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

NEW CEO, Trademark Clearinghouse, URS and RAA Take Center Stage at ICANN 45 in Toronto

At his first meeting as CEO of ICANN, Fadi Chehade showed up ready to work AND to listen. ICANN's new CEO described his objectives for the organization which included 1) affirmation of purpose, 2) operational excellence, 3) internationalization, and 4) evolution of the multi-stakeholder model on which ICANN is built. He also described significant organizational changes to ICANN leadership and staff... 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

Announcement: Critical Internet Infrastructure WG is Now Open to Public Participation

ISOTF Critical Internet Infrastructure WG is now open to public participation. The group holds top experts on internet technology, critical infrastructure, and internet governance, from around the globe. Together, we discuss definitions, problems, challenges and solutions in securing and assuring the reliability of the global internet infrastructure, which is critical infrastructure for a growing number of nations, corporations and indeed, individuals -- world wide. more

New Report Uses Media Impressions as a Measure for New TLD Usage and Success

With so many new domain extensions now available in the online space, it is very hard to measure the success of an individual TLD (Top Level Domain). There have been various methods used, such as total domain registration count, hosted live sites in the Alexa top-million, premium domain sales, aftermarket value, etc. Many of these metrics do help in understanding a new extension's progress, however, top-line registrations alone do not tell a complete story. 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

End of Cybersquatting? The gTLD Advantage

On the other hand, major dot brand generic Top-Level Domains (gTLDs) are for internal and controlled sub registrations, they would not be open to first come public offerings and therefore it makes no sense for IBM to plan advance purchase of ibm.canon, as Canon, owner of their own gTLD dot canon, unless mutually agreed between two brands, would have no incentive to sell such a registration to a cyber squatter or to anyone else for that matter. more

Dot Travel Still Isn’t Dead Yet

I've writen several blog entries about the continued downward swirling motion of Tralliance, the company that runs the registry for .TRAVEL. In this month's installment, as told in their quarterly 10-Q SEC filing, they flirt with bankruptcy but may well end up more stable than before. One of the more eye-catching paragraphs says... more

The 2-Character Answer to this GAC Advice Should be “No”

ICANN's Governmental Advisory Committee (GAC) has reacted to the ICANN Board's November 2016 decision to authorize the release of two-character domains at new gTLDs with advice to the Board that does not have true consensus backing from GAC members and that relates to procedure, not policy. The Board's proper response should be to just say no, stick to its decision and advise the GAC that it will not consider such advice. 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

European Commission Can Register ‘galileo.eu’, Even if It Deprives Owner of Identical Trademark

When it drafted the .eu regulation EC 874/2004, the Commission reserved for itself a (long) list of domain names. One of them was galileo.eu. For obvious reasons, Galileo Lebensmittel GmbH & Co. KG claimed before the Courf of First Instance that the Commission's decision to reserve galileo.eu should be annulled... more