Domain Names

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

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

Deploying DNSSEC: Lessons from Domain Registrar Implementation

As a registrar at the front end of the DNSSEC deployment effort, our technical team has made a sustained investment in DNSSEC deployment so that our customers don't get overwhelmed by this wave of changes to the core infrastructure of the Domain Name System. Along the way, we've learnt a lot about how to implement DNSSEC which might hold useful lessons for other organizations that plan to deploy DNSSEC in their networks. more

Getting gTLDs Into the Marketing Mix

For those of us in the domain space, the hype and fanfare in the years leading up to new gTLDs was loud and pervasive. As early as 2010 or 2011, we saw news of their impending launch propagating through marketing and advertising publications, and even popping up on occasion in mainstream press. Yet somewhere along the way (perhaps in the confusion over procedure, dates and deadlines that seemed to plague the process), we seem to have lost the attention of a group vital to the implementation of the new extensions -- marketers. 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

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

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

When It Comes to gTLDs, Follow the Money (Part 1)

Introducing new generic Top-Level Domains represents, as ICANN says, "the biggest change in the Internet since its inception 40 years ago." Among the least understood aspects of this change is its potential to alter the economic power of ICANN as an institution. To see how that might happen, let's follow the money as it is expected to flow from the gTLD application process. ICANN expects to get a lot of money from gTLD applications: $92,500,000, to be exact. more

Highly Sensitive Domain Corp.com Up for Sale by Original Owner, Calls It a ‘Chemical Waste Dump’

Fallen into the wrong hands, corp.com can be an extremely dangerous domain name providing a doorway to hundreds of thousands of corporate PCs. more

The Wall Between Registries and Registrars Comes Tumbling Down

The ICANN Board has just voted to get rid of all co-ownership restrictions between domain registries and registrars. This is major news, with far-reaching consequences... This is the only principled decision the ICANN Board could have come to, and they deserve a lot of credit for doing it. By "principled," I mean taking ICANN's stated institutional principles and following them to their logical conclusion... more

Your Domain Name Does Matter in Search Results – Microsoft Says So!

I stumbled upon a study conducted by Microsoft eons ago back in the paleolithic era of search; 2012... It is about how "premium domains" are perceived by the consumer when seeing them in the search results compared to a lower value "non-premium" domain. I like to use quotations sparingly, but I felt it was necessary because the varying opinions on premium v non-premium domains is a bridge I do not want to cross in this post.  more

ICANN vs EPAG: ICANN Seeks Appeal Plus Pushes for ECJ Referral

As I predicted ICANN is pursuing its case against EPAG. They're now not only appealing the case to a higher court in Germany but are also trying to get the entire thing referred to the European Court of Justice. In an announcement late last night ICANN made it very clear what their intentions are. While they're pursuing the appeal in the higher court in the German region, which makes sense at some level, it's also very clear that they're not taking "no" for an answer. 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

LegitScript to Release Monthly Data on Rogue Internet Pharmacy Registrar Clustering

One of the most important debates in the realm of Internet governance pertains to when, how and how much voluntary action registrars can and should take to prevent the use of their registration platforms in furtherance of criminal activity. In the Internet pharmacy world, the trend over the past four years has been unmistakable: A growing number of registrars worldwide, large and small, recognize the value of prohibiting the use of their registration services... more

Anti-Cybersquatting Lessons from IP Strategy

The post reconsiders a cooperative solution to cybersquatting that I proposed in 2007. I also draw on examples of success and failure of legal actions to protect intellectual property (IP) licensing. Cybersquatting has gone unabated with the new gTLDs despite the introduction of new protection instruments such as the Trademark Cleaning House (TMCH) database and the availability of Uniform Rapid Suspension (URS) services, as well as declarations by registries of their intentions to block unauthorized registrations. more