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The Internet has provided an unprecedented number of opportunities while raising far-reaching legal issues. It has created a complex matrix of national laws, global circumstances and new definitions -- or, at least, definitions in progress. The turmoil over Brexit and the international implications of the EU General Data Protection Regulation are signs of the times; as are issues surrounding domain names. more
The ICANN Board resolutions adopted during the retreat in Trondheim, Norway on the 25th of September, 2010, painted yet another question mark for new Top-Level Domains (TLDs), despite its positive outlook. While the Board seems dedicated to resolve all the outstanding issues, applicants were still left in the dark in regards to some key issues that affect the economics of launching new TLDs. more
How much phishing is there? Where is it occurring, and why? How can it be reduced? I and my colleagues at Interisle Consulting have just published a new study called Phishing Landscape 2020, designed to answer those questions. We assembled a deep set of data from four different, respected threat intelligence providers and enriched it with additional DNS data and investigation. The result is a look at phishing attacks that occurred in May through July 2020. more
When in the Fall of 1999 the Internet Corporation for Assigned Names and Numbers (ICANN) implemented the Uniform Domain Name Dispute Resolution Policy, it did not come with a fully formed jurisprudence. Panelists were essentially on their own in creating it. They had some guidance from a lengthy and detailed report published by the World Intellectual Property Organization ... and a basket of principles derived from trademark law, but panelists had to build the jurisprudence from scratch. more
Over the next month, the ICANN Board will consider its options for ensuring that some framework is in place to ensure ICANN's accountability to the global Internet community after the approaching expiration of its Memorandum of Understanding and Joint Project Agreement (MOU/JPA) with the U.S. Department of Commerce. We analyze these options in our new paper... more
Headline in TheDomains.com, June 18, 2016: "Wow: 20 Year Old Domain Name WorldTradeCenter.com Lost in UDRP." For those who don't follow UDRP decisions carefully this may elicit, how can this be? Well, surprised or not, and assuming complainant has priority in the string of characters that is both a domain name and a trademark... delay is not a factor in prevailing on cybersquatting claims when there is an alignment of other factors... more
What will happen to dotcom once a thousand generic Top-Level Domain (gTLD) applications were approved and start to skate around on global cyber platforms? Nothing, firstly, there are over 200,000,000 dotcoms while these 1000 exotic high profile gTLD will not even make a scratch to the dotcom market. Secondly, a dotcom is about $10 plus while gTLD is $500,000 plus... After all gTLD are never supposed to be for everyone, as they can only be fitted to right and very special combinations. more
It is inconceivable that anyone within viewing distance of a television or computer screen this week doesn't know about the disaster in Haiti. As of this writing, 50,000 bodies have been collected from the streets of Port-au-Prince. Millions of people, a number our brains simply aren't equipped to deal with, are now homeless. Help is needed now, and will be, for a very long time. more
Dictionary words, alone, combined as phrases, modified by other parts of speech, and single letters that function as marks also retain in parallel their common associations that others may use without offending third-party rights. As a rule of thumb, generic terms are not registrable as marks until they perceivably cross a threshold to suggestive and higher classifications. more
As part of a plan to unify Australian basketball digital front, Basketball Australia is moving its official website to a new TLD-based domain name at www.australia.basketball. more
To claim a superior right to a string of characters mark owners must (first) have priority (unregistered or registered) in using the mark in commerce; and secondly, have a mark strong enough to rebut any counter argument of registrant's right or legitimate interest in the string. A steady (albeit small) number of owners continue to believe it's outrageous for registrants to hold domain names earlier registered than their trademarks and be permitted to extort amounts far "in excess of [their] documented out-of-pocket costs directly related to the domain name." more
Last Friday ICANN released an updated new generic Top-Level Domain (gTLD) Applicant Guidebook that appears to have taken a number of positive steps toward closing the divide between the ICANN Board and the Governmental Advisory Committee (GAC). One of the more important changes to the Applicant Guidebook was the following text... more
There has lately been a number of long-held investor registered domain names transferred to complainants under the Uniform Domain Name Dispute Resolution Policy (UDRP). Two of the domain names were registered 23 years ago. This has provoked several commentators to complain that the UDRP is tilted in favor of mark owners and trademark-friendly panelists expressing hostility to the domain industry. I think we have to dig deeper than this. more
A new book by David Lindsay, an academic at Monash University's Law School and a widely published expert on internet law, intellectual property law and privacy, has recently been published. ...In this path-breaking work the author examines the extent to which principles of national trade mark law have been used in UDRP decisions. It will be essential reading for anyone, whether academic or practitioner, interested in internet law, intellectual property, and e-commerce law. more
Kieren McCarthy reporting in the Register: "Google has launched its new domain-name management system, providing a clean and simple interface that will put it in direct competition with market leader GoDaddy." more
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