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Trademarks and Domain Names Composed of Common Terms

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

Re-Examining the Domain Name Registry-Registrar Split

ICANN has released to the public a report they commissioned called "Revisiting Vertical Separation of Registries and Registrars," written by CRA International. It is being referred to as the "CRAI Report." Readers in the U.S. and the U.K. may not know it, but most top-level (TLD) domains in the world don't have registrars-you go straight to the registry and buy your domains from the source. more

The ICANN Hunger Games

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

GDPR, ICANN, and Registrar WHOIS

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

Blame Yourself, Not ICANN

Domain name owners have traditionally complained that ICANN does not listen to us, and there is indeed plenty of evidence demonstrating the group’s obliviousness to community input. Nevertheless, as domain owners, we need to begin giving ourselves a share of blame too. It’s time to reflect on our failures so we can come up with an actionable solution... more

2015 Domain Year in Review

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

Excessive Offers to Sell Domain Names: Evidence of Bad Faith or Bona Fide Business Practice?

Not infrequently heard in domain name disputes are cries of shock and gnashing of teeth that domain name holders may lawfully offer their inventory at excessive prices. Take for example TOBAM v. M. Thestrup / Best Identity, D2016-1990 (WIPO November 21, 2016) (<tobam.com>). Respondent accused Complainant of bullying which Complainant denied... more

Placing New Domain Names in Temporary “Penalty Box” Could Deter Malicious Use, Says Paul Vixie

Paul Vixie proposes a 'cooling-off period' when domain names are registered in order to help detect and deter malicious activity. "There's no legitimate reason for a new domain name to be registered and go live in less than a minute... more

All New gTLD Registrations Should Be Subject to Sunrise Periods - Even Reserved Names

Planning to register your trademark as a domain name during a Sunrise Period only to find out that the registration appears on a Reserved Names list? There are a number of reasons why a domain that matches your trademark is appearing on a Reserved Names list. First of all, if the domain desired is the subject of Name Collision, it may appear on a Reserved Names list. Although this is not true for all registries, as some operators are allowing domains that have been the subject of Name Collision to be allocated during Sunrise, but not delegated. more

Top Three Reasons to Just Say No to ICANN’s Current EOI gTLD Proposal

On December 9, 2009, the ICANN Board announced its intention to vote during its upcoming February 4, 2010 meeting to approve a plan by which ICANN would solicit "Expressions of Interest" (EOI) from prospective applicants for new Generic Top Level Domains (gTLDs) such as .BLOG. But given a number of significant governance and public policy concerns raised by the current EOI proposal, the ICANN Board should take no action on it before the next in-person ICANN regional meeting--in Nairobi, March 3-7, 2010. more

KerryEdwards.com Buyers Get Second Chance

The widely publicized auction of the domain name KerryEdwards.com ended Saturday night, but the search for a new owner continues. According to Matt Bentley, CEO of Sedo.com, the domain name brokerage managing the sale, a key bidder withdrew at a late stage in the auction, leaving the domain up for grabs among the dozen or so parties who had expressed a serious interest in purchasing the domain. more

We Can Have Forever URLs

A Forever URL is one that never expires. You own it and needn't worry about forgetting to renew it. The term itself is inspired by the US Forever Stamps, which you can use even if the postal rate goes up. This article looks at the underlying mechanisms for linking such information and is aimed at a technical audience. The DNS isn't just about websites; it is fundamental to how we connect endpoints, be they websites, devices, documents etc. more

Name Collisions II - A Call for Research

This post is a heads up to all uber-geeks about a terrific research initiative to try to figure out causes and mitigation of name-collision risk. There's a $50,000 prize for the first-place paper, a $25,000 prize for the second place paper and up to five $10,000 prizes for third-place papers. That kind of money could buy a lot of toys, my peepul. And the presentation of those papers will be in London -- my favorite town for curry this side of India. Interested? Read on. more

Donuts Holder of the Largest Portfolio of New TLDs Acquired by Abry Partners

Donuts Inc., a global leader in new top-level domains (TLDs), has announced that it has entered into an agreement to be acquired by Abry Partners, a private equity firm. more

Whatever Happened with Namespace Collision Issues and the gTLD Round of 2012

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