Domain Names

ICANN Mission Creep is Becoming Mission Leap

Under the leadership of Fadi Chehade and Steve Crocker, ICANN finally runs like an organization that has grown up. When it comes to process, accountability, and transparency, this is excellent news for the Internet. But it also raises a new question: how far will we let ICANN grow "out" of the limited technical mission for which it was created? In his opening remarks here in Durban, Chehade announced the expansion of local engagement centers and significant expansion of ICANN staff - for the second straight year. more

ICANN Issues a Statement on the Spamhaus Case

ICANN issued a statement on the Spamhaus case: "...ICANN is not a party to this action and no order has been issued in this matter requiring any action by ICANN. Additionally, ICANN cannot comply with any order requiring it to suspend Spamhaus.org..." more

New gTLDs Race to the Bottom With Domain Giveaways?

The new .BERLIN domain added 67,000 new registrations early this week and another almost 6,000 yesterday. This occurred after a few registrars ran a promotion offering free .BERLIN domains. As reported at DomainIncite, over a 1/3 of these domains were purchased by one registrant - making them the largest "landowner" in .BERLIN. Giving away domains may be a good short term business practice... But the geographical domains are not supposed to be generic... more

Disputes Falling Outside the Scope of the UDRP

The UDRP is a forum of limited jurisdiction designed for trademark owners to combat a certain kind of tortious (sometimes tipping to criminal) conduct by which registrants register domain names with the bad faith intent of taking economic advantage of owner's marks and injuring consumers by beguiling them to disclose personal information. The forum is not open to trademark owners whose claims are outside its scope, even though they may include allegations of cybersquatting. more

GDPR and What Comes Next: The Parade of Horribles

The compliance deadline for the European Union's General Data Protection Regulation (GDPR) is nearly upon us, the unveiling of a proposed model to bring WHOIS into compliance is said to come from ICANN next week, and everyone is scrambling to understand all that's involved. Implementation of a revised WHOIS model is clearly on the horizon, but what comes after may be the real story! Specifically, if WHOIS information becomes more than nominally restricted, what's the consequence to the data controllers (ICANN and the contracted parties) who implement this revised model? more

Parsing Predatory and Parasitical from Innocent and Good Faith Domain Name Registrants

When the World Intellectual Property Organization began deliberating in 1998 and 1999 about creating an arbitral regime that the Internet Corporation for Assigned Names and Numbers transformed into the Uniform Domain Name Dispute Resolution Policy the curse words of choice were "predators" and "parasites" to describe cybersquatters. (In an early UDRP decision a Respondent who had also featured as a defendant in a trademark case asserted he had "just as much right to own the Domain Names [with typographic variations of the mark] as the person who owns the correct spelling of [the mark]" more

Transfers of Domain Names Contemporaneous with Complaint: Cyberflight?

Cyberflight (defined as strategically transferring accused domain names to another registrar or registrant upon receipt of a complaint) was a sufficient irritant by 2013 for the ICANN to adopt recommendations to amend the Rules of the Uniform Domain Name Dispute Resolution Policy (UDRP). Effective July 1, 2015 the Rules now include a requirement for locking the domain as well as a change in the timing of transmitting the complaint to respondents. Before the amendment there had been no uniform approach to locking. more

Domain Name Resale Market a Haven for Phishers?

In a recent article at TechWeb, the following observations were made: "Internet addresses that appeal to identity thieves eager to rip off consumers are being posted by major domain resellers... Finnish-based F-Secure has identified more than 30 registered domain names for resale that would be of interest only to the legitimate holder of the trademark or to phishers..." more

Chanel’s Message On Fakes: We Take It Seriously and So Should You

Chanel's warning to counterfeiters: "we are watching and we are taking action." That's the literal message you will see when visiting around 40 websites that used to sell counterfeit goods (such as mychanelshop.com) that now redirect to the Chanel-owned website chanelreplica.com. These domains were transferred to Chanel as a result of a favorable decision rendered in May 2010 against two counterfeiters. more

Some Thoughts on the ICANN EWG Recommended Registration Directory Service (RDS)

It has been my distinct pleasure to serve on ICANN's Expert Working Group on gTLD Directory Services (EWG). We put in many long months and what seemed like countless hours of research, discussion, meetings, and deliberations on how to tackle a clean-slate approach to gTLD directory services, popularly known as "WHOIS". In our Final Report, the Expert Working Group (EWG) recommended a Registration Directory Service (RDS) to replace today's WHOIS, providing a next-generation system to better meet the needs of the evolving global Internet with greater accuracy, privacy, and accountability. more

LAC, the DNS, and the Importance of Comunidad

The 1st Latin American & Caribbean DNS Forum was held on 15 November 2013, before the start of the ICANN Buenos Aires meeting. Coordinated by many of the region's leading technological development and capacity building organizations, the day long event explored the opportunities and challenges for Latin America brought on by changes in the Internet landscape, including the introduction of new gTLDs such as .LAT, .NGO and others. more

Statutory Remedies for UDRP Grievants

The U.S. is unusual in that grievants of a UDRP award have a statutory remedy from an adverse UDRP award, namely an action for declaratory judgement under the Anticybersquatting Consumer Protection Act (ACPA). The action is not an appeal, but a de novo assessment of the parties' rights, either that the domain name holder is cybersquatting or its registration was lawful. Under U.S. law UDRP awards are not treated as arbitration awards subject to the Federal Arbitration Act but as new disputes. more

Kentucky and the Gambling Domains

A recent law suit in Kentucky has attracted world-wide attention because it could create a very dangerous precedent – the application of local law to the domain name system and Internet web sites that are available globally... Even though the Kentucky case only involves Kentucky gambling laws, the dangerous precedent is that regimes around the world with oppressive local laws restricting speech or religion might attempt similar litigation. more

Appearing Respondents Called Out as Cybersquatters

UDRP complainants prevail in the range of 85% to 90% which approximately correlates with the percentage that respondents default in responding to complaints. The annual number of complaints administered by ICANN providers has been hovering around 4,000 +. Astonishingly, the number has remained steady for a good number of years despite the phenomenal increase... Compared to the whole, there are a relatively small number of contested disputes, perhaps in the annual range of 400 to 500, and of those a larger percentage are called out as cybersquatters. more

Belgian Country Code Now Supports Internationalized Domain Names

Earlier this week dns.be launched Internationalized Domain Names (IDNs). The Belgian registry opted to support the accented characters for Dutch, French and German. In so doing they've also ended up providing support for other European languages, such as Swedish, Finnish and Danish... The registry reported quite a bit of interest in the launch with over 3000 IDN domains being registered in the first hour. That number had practically doubled by close of business on the first day. more