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The jurisprudence applied in adjudicating disputes between mark owners and domain name holders under the Uniform Domain Dispute Resolution Policy (UDRP) is essentially a system that has developed from the ground up; it is Panel-made law based on construing a simple set of propositions unchanged since the Internet Corporation for Assigned Names and Numbers (ICANN) implemented them in 1999. Its strength lies in its being a consensus-based rather than dictated jurisprudence. more
Are you interested in helping guide the future of the Public Interest Registry (PIR), the non-profit operator of the .ORG, .NGO and .ONG domains? Or do you know of someone who would be a good candidate? If so, the Internet Society is seeking nominations for three positions on the PIR Board of Directors. Read more for details if you are interested in being considered as a candidate or know of someone who should be considered. more
The ICANN community is conservative. A considerable number of dedicated ICANN volunteers from various constituencies believe that ICANN should follow the unusual logic of limiting its revenues to the levels of its CURRENT estimates of expenditure. The Board, acting on the advise of the ICANN community brought down the ICANN transaction fee per domain name from 25 cents to 16 cents and in the case of numbers, for various reasons the Address Registry fees that it collects from the Regional Internet Registries have been historically kept at a negligibly low level. 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
It, perhaps, does not have to be said that cybersquatting is an intentional tort. No one would expect the respondent to admit unlawful intention, but complainant's proof must nevertheless support that contention. The Panel in Hästens Sängar AB v. Jeff Bader / Organic Mattresses, Inc. FA2005001895951 (Forum July 31, 2020) reminds us that it takes more than bad faith use of a domain name to find cybersquatting. 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
2014 will be remembered as the year of the "multistakeholder model" on the Internet. NTIA demonstrated its commitment to bottom-up, multistakeholder Internet governance by committing to complete the transfer of responsibility for various technical functions -- known as the IANA Functions -- to the multistakeholder community. NTIA called on ICANN to convene the community to develop a transition plan to accomplish this goal. more
A proposal from the Domain Name Association (DNA) would provide copyright owners with a new tool to fight online infringement -- but the idea is, like other efforts to protect intellectual property rights on the Internet, proving controversial. The proposed Copyright Alternative Dispute Resolution Policy is one of four parts of the DNA's "Healthy Domains Initiative" (HDI). more
Complainants naturally want to prevail on their claims of alleged infringing conduct and respondents (when they appear) naturally do their best to resist having their domain names taken from them in proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP), but their success depends on their submitting the right constituents of fact and proof. In a forum that has adjudicated over 60,000 cases, it would be surprising if there were no questionable or badly reasoned decisions. more
In partnership with Momentum event group, CircleID will be updating this page to provide up to date information for the Digital Marketing & gTLD Strategy Congress taking place in London, September 26 - 27, 2013. more
Judging from the development of the Internet in the world, the popularity rate of domain names is one of the primary parameters to measure whether the Internet is well developed or not in a country. The popularity rate of domain names is 11 percent in North America and reaches as high as 12.5 percent in Europe, while in China, which has over 20 million enterprises, there are only more than 300,000 domain names under .CN and the total number of domain names is only 1.187 million, including a lot of governmental and individual websites. more
The risks of fraud and disinformation in the U.S. election process have been hiding in plain sight. CSC's new research finds that a large majority of web domains closely linked to the campaign websites for Joe Biden and Donald Trump lack basic domain security protocols and are prone to domain spoofing tactics. This makes them a potential target for hackers looking to spread disinformation ahead of the election, and criminals who want to take advantage of voter intentions... more
Yesterday, I sent ICANN my comments about the draft recommendations from ICANN’s Implementation Recommendation Team (IRT), which has been tasked with coming up with a trademark protection scheme for new top-level domains. For the most part, I think they did an excellent job... more
As I've written before, the registry operators for many country-code top-level domains (ccTLDs) have adopted the Uniform Domain Name Dispute Resolution Policy (UDRP) or a variation of it, while other ccTLDs have crafted their own dispute policies, or none at all. Although no ccTLD appears as frequently as .com in domain name disputes, it's interesting to see which ccTLDs are subject to dispute the most often. more
ICANN estimates over 750 accredited domain name registrars are likely to close within the next 12 months as a result of the over-saturated drop-catching market. more
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