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The Federal Court has penalized two related companies, Domain Corp Pty Ltd and Domain Name Agency Pty Ltd, for tricking Australians out of a total of $2.3 million. more
Public Interest Registry (PIR), the non-profit organization in charge of operating the 34-year-old legacy top-level domain .ORG on Tuesday revealed a new global brand, including a new visual identity and a new website named TheNew.org. more
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
The UnregisteredGems.com series of articles explores a range of techniques to filter and search through the universe of unregistered domain names, in order to find examples which may be compelling candidates for entities looking to select a new brand name (and its associated domain). The previous instalment of the series looked at the categorisation of candidate names according to the phonetic characteristics of its constituent consonants, using a simple one-to-one mapping between each consonant and a corresponding phonetic group. more
ICANN has once again acceded to the wants of contracted parties and is at risk of abdicating its duty to act in the global public interest when it comes to WHOIS policy. Its inability or unwillingness to date to reign in bad WHOIS policy, driven by contracted party interests, flies in the face of its previously-expressed policy goal “to ensure the continued availability of WHOIS to the greatest extent possible while maintaining the security and stability of the Internet’s system of unique identifiers.” more
GoDaddy has announced a plan to reduce its global team size by 8%. The move will affect multiple levels in the company, as well as its three brands -- Media Temple, Main Street Hub, and 123 Reg. 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
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
For a number of years, there have been many different high profile incidents where major websites were defaced, taken offline, or crippled due to issues related to their domain registration. Last night, there was an incident where several high profile domains went offline due to issues at their registrar, and they are now coming back online after what I am sure was a few crazy hours for their operations teams and management. 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
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
The Uniform Domain Name Dispute Resolution Policy (UDRP) is known as an inexpensive alternative to litigation (and that's true), but some proceedings can end up costing a trademark owner more than it may have expected. There are generally two additional types of expenses that can arise during the course of a UDRP proceeding: (1) extra filing fees for certain aspects of a case filed at the Forum, and (2) an increased filing fee if the domain name registrant wants a three-member panel to decide the case. 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
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
The beginning of every year is a time for introspection, an appraisal of the year that was, and planning for the year to come. It is also a time to follow tradition and to recap the biggest news of the year. But by now, I am guessing that we have all read our fair share about the people and events who have impacted the last 12 months... if we take a larger vantage point (than our own relatively small domain name industry), these lessons from 2009 -- in my view -- could teach us all and most importantly, really shape the year ahead. more