Domain Names

Asserting but Not Proving Cybersquatting Under the UDRP

Having trademarks (registered or unregistered) is the prerequisite for maintaining a UDRP, but having one is not conclusive of either Respondent’s lack of rights or legitimate interests or that it registered and is using the domain name in bad faith. The cautionary tale in many of these cases, especially for the Complainant who has the burden of proof, is that it has to satisfy each of the elements in the three subsections... more

Global Domain Name Registrations Reach 276 Million, Increase of Over 19M From Last Year

Five million domain names were added to the Internet in the first quarter of 2014, bringing the total number of registered domain names to 276 million worldwide across all top-level domains (TLDs) as of March 31, 2014, according to the latest Domain Name Industry Brief from Verisign. more

Switching on the Light: Expression of Interest for New TLDs

They say late converts are the most passionate believers. Until now I haven't supported the Expression of Interest (EOI) for new TLDs, the proposed mechanism to measure the number and type of likely applications. Not because it won't work (I think it'll work fine) but because I didn't think it was necessary. I've changed my mind. Here's why. more

Geeks All Trust Each Other But Not in China

Brian Krebs has a post up the other day on his blog indicating that the amount of spam ending in .cn has declined dramatically due to steps taken by the Chinese government making it more difficult to get a domain ending in .cn... A cursory glance seems to confirm that the amount of spam from .cn as opposed to .ru has switched places. Indeed, if the CNNIC requires people to start writing in application forms, with a business license and identity card, that is seriously going to slow down the rate at which spammers can sign up and register new domains. more

Phishers Expand Number of Top Level Domains Abused, Policy Changes Found Effective in Prevention

The new Global Phishing Survey released by the Anti-Phishing Working Group (APWG) this month reveals that phishing gangs are concentrating their efforts within specific top level domains (TLDs), but also that anti-phishing policies and mitigation programs by domain name registrars and registries can have a significant and positive effect. The number of TLDs abused by phishers for their attacks expanded 7 percent from 145 in H2/2007 to 155 in H1/2008. The proportion of Internet-protocol (IP) number-based phishing sites decreased 35 percent in that same period, declining from 18 percent in the second half of 2007 to 13 percent in the first half of 2008. 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

Balancing Rights: Mark Owners, Emergent Businesses, and Investors

Is there any act more primary than naming? It comes before all else and makes possible what follows. For the most part, names are drawn from cultural assets: collections of words, geographic locations, family names, etc. They can be valuable, which is why they are guarded, protected, and hoarded. The balancing of rights among those competing for names is a deliberate feature of the Uniform Domain Name Dispute Resolution Policy (UDRP). more

Applications Processing for IDN ccTLDs Fast Track

Since 16th Nov 09 Applications Processing for IDN ccTLDs Fast Track has been started. The countries and territories who are using non-English Language (nationwide) for official documentation or for community, are eligible to apply for a new country code top level domain name (ccTLD) in their own Native Language through a designated manager... Native Language Community will be able to register their domain names within the next 6 months. more

Do Trade Names Qualify as Trade Marks for Purposes of the UDRP?

Naming is the first imperative. It precedes the launching of new lives as much as it does new businesses. Names secure a presence, and for businesses in the marketplace names can grow into trademarks, if they function like one. Are we not sometimes made aware that not all names are equally distinctive, and that some of them are distinctly commonplace? more

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

The gTLD Opera

The curtain rises on January 12th 2012 but key players are still singing different tunes. Let's peek into their performance as they start taking center stage. FTC, the Federal Trade Commission, has sent a letter to ICANN on December 16th 2011. Re: Consumer Protection Concerns Regarding New gTLDs. They write; "We write now to highlight again the potential for significant consumer harm resulting from the unprecedented increase in new gTLDs." The following paragraph clearly highlights the lack of information about the ICANN gTLD platform. more

Nominet/SOCA Cyber Crime Proposal: Allow Cross Border Reactions

Reading the policy proposal of Nominet, I get the feeling that something is overseen here. Putting all the jurisdictional hassle aside for a moment, cyber crime is international, cross-border. So what happens if a UK domain is used for criminal activity outside the UK only? more

Unfamiliarity and Unpreparedness in Proceedings Under the UDRP

There is a difference, of course, between asserting a claim that cannot possibly succeed in an administrative proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP) and being unprepared to prove a claim that may have merit with the right evidence. Still, there is also an overlapping similarity in that complainants are either shockingly unfamiliar with UDRP procedures and jurisprudence... more

Setting a Higher Bar: Our .gay Commitment Is an Industry-First

Eight years ago, we made the decision to apply for ".gay" with encouragement from Clyde, my gay brother-in-law, among other passionate members of my family. Although we lost him recently, his memory has only increased our determination to see it through. I know Clyde would be proud of our vision for .gay, and all of the planning and community engagement that has gone into making sure we get this right. more

DDI Integration: We Need IPAM

I am a big fan of DDI (DNS, DHCP and IPAM) as magical trio to manage all transactions on network infrastructures... Or to say the least: make it possible. Basically it makes these "Core Network Services" concise, manageable and integrated. It basically makes the network infrastructures of today and the future possible. There is however one thing that continuously seems to irritate when talking about integrating these services on networks. more