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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
.ORG, The Public Interest Registry (PIR) has announced today the launch of a new campaign aimed at educating IT professionals about securing DNS and the adoption of Domain Name System Security Extensions (DNSSEC). The key purpose of the "Practice Safe DNS" website, according to PIR, is to "serve as a key resource for domain holders, registrars, web developers and IT professionals to learn how they can respectively play a increasingly relevant role in providing a safer and more secure Internet." more
ICANN introduced a requirement for domain name registrars to send out annual notices to all their customers (registrants) to check the Whois on their domain names to ensure the information is correct. While this seemed fairly reasonable (if cumbersome), the fact is it confuses the heck out of people -- and creates a whole lot of confusion for registrants. But that was a problem we could deal with. Fast-forward to October, 2008... more
I'm lucky enough to spend my working life helping some of the world's largest brands drive their .brand TLD projects. The excitement and the challenges of this space stem largely from the fact that this is a new innovation; and when you're working with something truly groundbreaking, naturally there's an element of "learning as you go." And I'm not afraid to admit, sometimes we get things wrong. more
I'm excited! Not because of the 30 hours that it will take me to get to Johannesburg, but because this ICANN meeting will be the second time we've put the Meeting B Policy Forum to the test. If the second time is a charm then hopefully we'll have cemented the Policy Forum into the ICANN meeting structure, and we can start a conversation about having two Policy Forums each year and one AGM meeting. more
WHOIS access and development of an interim GDPR compliance model remains THE hot topic within the ICANN community. Developments are occurring at a break-neck pace, as ICANN and contracted parties push for an implementable solution ahead of the May 25, 2018 effective date of the GDPR... ICANN is now poised to formally publish the convergence model, although the community continues to discuss and seek a solution that is acceptable for all stakeholders. more
A study (18-page PDF) from researchers at Georgia Tech and Stony Brook University has attracted attention to what it calls "combosquatting," but the practice has been around since the early days of domain name disputes. The study says combosquatting "refers to the combination of a recognizable brand name with other keywords (e.g., paypal-members.com and facebookfriends.com)." It adds that this practice differs from other types of cybersquatting "in two fundamental ways. more
One of the most popular top-level domains under the Uniform Domain Name Dispute Resolution Policy (UDRP) is not even a gTLD (generic top-level domain). It's a ccTLD: .co, the country-code top-level domain for Colombia, in South America. Based on statistics at WIPO as of this writing, 29 .co domain names have been the subject of UDRP disputes this year, making it the most-disputed ccTLD under the popular domain name dispute policy. more
The two bookends of speaking one's mind are commentary and criticism, which is indisputably acceptable as protected speech, and (in order of abuse) tarnishment and disparagement. Defamation, which is a stage beyond disparagement, is not actionable under the UDRP, although tarnishment and disparagement may be. In ICANN's lexicon, tarnishment is limited in meaning to "acts done with intent to commercially gain" (Second Staff Report, October 24, 2009, footnote 2). more
By now we've all had a chance to digest the concept around the new TLD program and in some cases even come up with our own amazing ideas for the next .com or a niche TLD that will make us millionaires overnight! Well maybe some of us have... Others are taking a far more practical approach to the exciting new changes to the Internet and how it will be adopted and used, in particular within the corporate arena. more
Recently, the Internet Corporation for Assigned Names and Numbers (ICANN) unveiled its Trademark Clearinghouse (TMCH), a tool it proposes will help fight trademark infringement relating to another of its new programs - generic top level domain (gTLD). As Lafeber describes, criticism of ICANN's gTLD program and subsequent TMCH database is mounting. Skeptics have noted that given the significant cost of registering a gTLD - the application fee is $185,000 and subsequent annual fees are $25,000 - the program appears to be solely a cash cow, without adding much value to Internet users. more
New York City is in the midst of a two part Landrush for its .nyc domain names. First is a 60 day application period (August 4 – October 3) during which anyone with nexus -- basically city residents -- can purchase an available .nyc domain name... It doesn't even matter if a name has a NYS Trademark or d/b/a registration, those names too are fair game... There are significant problems with this process. more
The second quarter of 2014 closed with a base of 280 million domain name registrations across all top-level domains (TLDs) -- an increase of four million domain names or 1.4 percent over the first quarter of 2014 -- according to Verisign in its latest issue Domain Name Industry Brief. Registrations have grown by 18.6 million, or 7.2 percent, year over year. more
The controversial site gab.com has been shut down by GoDaddy and given 2 days to move the domain elsewhere. The deadline expires at midnight tonight Irish time. In recent days the site has seen itself become increasingly disconnected as various service providers and online platforms including PayPal have shut the door to them. At present the site is displaying this notice... more
Kevin Murphy reporting in DomainIncite.com: "Almost half of trademark-conscious companies are considering a '.brand' top-level domain, according to a survey carried out by World Trademark Review magazine. The survey also found that there is much more interest in new TLDs among marketing folk than lawyers, which is perhaps not surprising. So far, only a few potential .brand applicants have been revealed..." more
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