Domain Names

Corresponding to Trademarks, But Nonactionable Claims for Cybersquatting

The threshold for an actionable claim under the Uniform Domain Name Dispute Resolution Policy (UDRP) is a trademark in which complainant has rights. "Rights" means a trademark that could have been newly minted a moment before filing the complaint. This is different from the Anticybersquatting Consumer Protection Act (ACPA) in which trademark owners must have a "mark that is distinctive at the time of registration of the domain name." The difference is important... more

Making a Strategic Decision: URS or UDRP?

A discussion is presently underway about the Uniform Rapid Suspension System (URS) (and in Phase 2 next year of the Uniform Domain Name Resolution Policy (UDRP)), whether it is performing as intended. The URS is less than five years old, and there are not an overwhelming number of decisions. Since 2013, rights holders have filed less than one thousand complaints (with three providers, the Forum being the most active), which translates into less than 170 decisions annually... more

Web3 Domain Seller, Unstoppable, Enters .com Namespace

Unstoppable Domains, a leading Web3 domain provider, has expanded its domain offerings by incorporating traditional ".com" addresses. The integration bridges the gap between traditional and decentralized web domains. more

Ethos Capital to Acquire .ORG Top-Level Domain

The Internet Society and Public Interest Registry (PIR) have reached an agreement with Ethos Capital, under which Ethos Capital will acquire PIR and all of its assets from the Internet Society. Public Interest Registry (PIR) is the nonprofit corporation that operates the .ORG top-level domain. more

New Book: Managing Mission Critical Domains & DNS

The idea behind my recent book "Managing Mission Critical Domains & DNS" is to provide a unifying overview around the area of domains and naming where I think there exists an artificial divide, and that divide exists between domain policy, and managing ones' domain portfolio; and the DNS ops side of things: running your nameservers or outsourcing to a vendor, or both. I've been doing this for over 20 years, I've seen almost every failure condition that can happen to your domain or DNS... more

Can New TLDs Actually Co-Exist?

The new TLD program was a long time coming and now we have over 600 options for domain name endings, with more on the way. It made sense to a lot of people that options other than the already crowded .com space were needed but did we really envisage the plethora of ultimately "similar" TLDs that would rise from the ICANN process? more

Choosing the Right Path to a Permanent Accountability Framework for ICANN

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

Core Principles of Domain Name Law Created in UDRP Proceedings

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

Phishing 2020: A Concentrated Dose of Badness

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

Vulnerabilities of Weak Marks and Uncurated Websites

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

What Modern Businesses Need to Know Regarding Geo Names and Jurisdiction in Domain Name Disputes

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

12th Registration Operations Workshop: Join Us Online on June 20th, 2023

The Registration Operations Workshop (ROW) was conceived as an informal industry conference that would provide a forum for discussion of the technical aspects of registration operations in the domain name system and IP addressing. The ROW series is being co-sponsored by Verisign and ICANN and organized by Cofomo, and we are looking forward to an engaging set of talks, panel discussions, and conversations with individuals involved with the operation of domain name registrations systems. more

What’s Abusive in Registering Domain Names, and the Reverse?

The two major providers of arbitration services for adjudicating cybersquatting complaints under the Uniform Domain Name Dispute Resolution Policy (UDRP), the World Intellectual Property Organization (WIPO) and Forum, issue daily lists of decisions. In approximately 90% of those disputes, the registrations cannot be described as anything less than mischievous in acquiring second level domains incorporating well-known or famous marks. more

No Time Bar for Cybersquatting Claims Under UDRP

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

The Dotcom Kingdom

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