Domain Names

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

IRT Final Report on Trademark Protection in New Top-Level Domains - Part 1: Uniform Rapid Suspension

The ICANN Implementation Recommendation Team (IRT) working group has published its final report, which I decided to analyze a bit further. I already made a few comments last month, both in the At-Large Advisory Council framework and on my own. There are several issues raised by the recommendations of this report. The Uniform Rapid Suspension system (URS) is one. more

Report and Analysis of Public Comments Submitted to ICANN on the .COM Pricing Provisions (Part II)

Mr. Arif Ali, a lawyer with Dechert who is very familiar with ICANN governance and has represented numerous parties in ICANN related matters, wrote an extraordinarily detailed and comprehensive critique of the LOI and of Amendment 3. Mr. Ali noted that two of ICANN's most important obligations are to operate for the benefit of the Internet community as a whole and to enable competition and open entry in Internet-related markets, and that the proposed price hikes do not support these obligations... 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

Threats to Internet Oversight Mount as Key Protection Expires

Before the US Government abdicates its oversight of the Internet Corporation for Assigned Names and Numbers (ICANN) it should take a long, hard look at the mounting efforts by world governments to assume greater power over the Internet's addressing system. If those efforts meet no further resistance, the once-theoretical threat of "capture" could become a reality. At the end of September, the Joint Project Agreement (JPA) between ICANN and the US Government is set to expire. The JPA is part of a decade-long agreement where the US transitions control of Internet addressing to ICANN. 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

Upcoming Brands and Domains Conference to Explore Various Views on DotBrands

After its first edition in Valencia, Brands and Domains will travel this time to the Netherlands where the second conference will take place from the 2nd to 3rd of October 2017. This time, Dot Stories, the main organizer, chose the Hotel Amrath Kurhaus for the event. Nowadays, more than 600 applicants hold already the right to start their own dot brand, but there are not so many who have been brave enough to use it. more

Domain Related Crime: The 4 Steps of Effective Investigations

There is no rest for the wicked. If you think that 2018 was the climax of cybercrime, wait until you see what happens in the next few years as cybercriminals are constantly learning new ways to strike. Take for instance domain-related attacks now coming in a variety of forms. There's domain hijacking which involves gaining of access to domains and making changes without owners' permission. You have typosquatting where phishing is often utilized to steal valuable information. more

gTLDs Under the Microscope in Q1 2021: .kpmg Back in Focus and a Look at Past Launches

With the end of March upon us already, we take a fresh look at .kpmg and its ongoing .brand usage strategy in our first quarterly report of the year. A review of Alexa.com rankings for .brands and other new gTLDs is included as well as an examination of the factors that have affected registration rates for new gTLD launches from 2019 and 2020. Our MarkMonitor team of experts also analyzes the ICANN Final Report on the new gTLD Subsequent Procedures Policy Development Process... more

Trademark Protection Dust-Up Obscures the Potential Value in New gTLDs

As a member of ICANN's Business Constituency I have heard first-hand the perfectly appropriate criticisms from trademark holders of ICANN's roll-out of new generic Top-Level Domains (gTLDs). But while it may be OK for branded companies to wish they didn't have to deal with the matter, the dust that has been kicked up has obscured real value in the program. 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

How Many of the New gTLDs Will Fail?

I was just asked the question: How many of the new Top-Level Domains (TLDs) will fail? This poor listener might have hoped for one sentence as response, but that subject is too interesting to be brief. In this scenario you can't look to historical data to measure or predict the success rate of the new TLDs because past new TLDs have been largely managed by big businesses who have strong revenue streams from other business lines that they could use to support a slacking TLD. more

Kenya’s ccTLD KeNIC Increases Domain Registration and Transfer Fees

The Kenya Network Information Center (KeNIC) announced a price increase for .KE domains, effective February 3, 2025. This comes at a time when the total number of .KE domain registrations has remained stagnant at around 100,000 for several years, despite previous efforts to spur growth through price reductions. This blog explores the implications of the price adjustment, analyzes the competition faced by .KE domains, and evaluates the challenges and opportunities for KeNIC in a competitive domain market. more

Why Domain Name Security Matters Most?

In my recent CircleID post, DNS, Domain Names, and Certificates: The Missing Links in Most Cybersecurity Risk Postures, I highlighted the importance of applying multiple layers of defense to secure these business-critical assets. Last Friday, Brian Krebs, the world-renowned cybersecurity journalist, reiterated the criticality of domain name security because the domain name "e-hawk.net" was stolen from the rightful owner using social engineering tactics targeting its domain name registrar. more

Innovating with New gTLDs

One of the primary purposes of the ICANN New generic Top-Level Domain (gTLD) program is to foster innovation in the DNS industry and the wider Internet. While having a desirable TLD string that users can relate to is a good starting point, gTLD applicants may want to bolster their value propositions by offering innovative services and differentiate their TLDs from others. Defining the services to be offered is so central to a gTLD that it should be part of the initial strategy of any prospective applicant. more