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Coca-Cola received a fair amount of press for using a number of emoji domains for its 2015 marketing campaign in Puerto Rico. And other companies including Budweiser, Honda and Ray-Ban followed suit, registering various emoji domains to tap into the youth market. However, the increasing interest in their use has raised some questions and concerns. more
The leaked Trans Pacific Partnership intellectual property chapter has revealed a number of U.S. proposals including U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, copyright term extension and anti-counterfeiting provisions. This post discusses Article QQ.C.12 on domain names. more
According to the 10/10 rule, it takes about a decade to take a product from initial idea to having a standard developed, and then another decade to reach mass market adoption. How can that second decade be reduced in the case of Internationalized Domain Names and their adoption by Internet users? The most effective way to speed up IDN mainstream adoption is learning from history. more
This past Monday, as ICANN65 was beginning in Marrakesh, the technical review blog Review Signal published a detailed expose, "The Case for Regulatory Capture of ICANN" authored by site founder and "geek-in-charge" Kevin Ohashi. The post was clearly the product of extensive investigative reporting – and what it reveals is deeply disturbing. more
There are several perspectives from which one can give various answers to the question of 'what are domain names?'. Originally the domain name system started and continues to be a human-friendly way of addressing to a set of machines or specific machine connected to the Internet. Hence, from the technical perspective, a domain name is simply an address consisting of a combination of alphanumeric and symbols to communicate with a machine which also happens to be hosting certain services in form of data and information on it. more
The percentage of zones under .com, .net and .org that support IPv6 has increased by 1,900% over the past 12 months according to a new census conducted by the Measurement Factory, sponsored by Infoblox. According to the census, this dramatic increase can be primarily attributed to the introduction of support of IPv6 by a single domain name registrar, Go Daddy. more
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
In Blogs devoted to news from the domain name industry and domainers, there is great glee in reporting about overreaching trademark owners. The reason for the glee, I think, is that it's a form of collective sigh from domainers and the domain industry that the UDRP is working as it should, which means that Panels are careful in their assessments of parties' rights. more
This last article on the four new gTLD objections will look at the Legal Rights Objection ("LRO"). While other articles in this series have touched on trademark concepts at certain points, issues from that area of the law predominate in LRO. Here we review the pertinent LRO-related trademark concepts, with which many readers likely will have some familiarity from working with domains and the UDRP. Still, the theme of the first three articles applies here: Potential objections are more involved and complicated than they may seem, and require careful thought if they are to be made. more
The current .NET Registry Agreement between ICANN and VeriSign is due to expire on 30 June 2011. On April 11 2011 ICANN posted a proposed draft renewal agreement for public comment. Under the terms of the existing agreement, which contracted a 6 year term starting July 1 2005, renewal is automatic unless VeriSign commits some egregious breach of terms. more
The courts of the United Kingdom have set themselves outside the mainstream of Internet consensus policies on trademark/domain name disputes. A U.K. court decision regarding the UDRP reflects an unfortunate tendency to overlook one of the fundamental principles of the UDRP, namely the opportunity to seek independent resolution of a trademark/domain name dispute by court proceedings. more
Domain names may be confusingly similar to trademarks or even identical or but not infringing. This is particularly true of trademarks acquired later than the allegedly infringing domain names ArcBest Corporation v. Domains By Proxy, LLC, Registration Private / Vernon Troupe, D2016-2381 (WIPO January 13, 2017) (<arcbest.com>, in which "ark" is a contraction of "Arkansas"), but it can also apply to marks composed of common element that predate domain name registration... more
When it comes to accountability, ICANN would rather be compared to other U.S. nonprofit companies than to the regulatory bodies it more closely resembles. If they truly wish to be treated like a nonprofit, rather than a regulator, there is a very simple solution: make all contributions strictly voluntary. more
Again on the subject of new Top-Level Domains (TLDs) ... One of the "issues" that concerned a number of people is the concept of "vertical separation". The basic idea is that domain name registries and registrars should be kept separate. While that is a wonderful Utopian ideal, the reality is that in the real world companies own other companies, people trade in stocks and shares etc., etc. So it's far from being a simple "cut and dried" situation. more
The much-maligned Uniform Rapid Suspension System (URS) is not only failing to catch on -- it's actually starting to fade. Once envisioned as a popular rights-protection mechanism for trademark owners under the new generic top-level domain names (gTLDs), the URS instead is seldom used. In fact, despite the growth in new gTLD registrations, the URS is in decline. more
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