Domain Names

Curious Statement About 2012 gTLD Round Name Collision Fears at IGF

During his presentation at IGF on 7 December in Guadalajara, Akram Atallah, President of ICANN's Global Domain Division, said the following: So when you look at that, you'll see that we are left with only 20 to go. There are a few that need to be withdrawn that haven't withdrawn... This surprised me, but since the meeting was about possible new application procedures and not the handling of the last round's persistent problems, I decided not to ask at that point. more

Will October Be Our Biggest Month Yet for .brand TLDs?

I'll admit I tend to get evangelical when I'm talking about .brands. To me and the team at Neustar, every development in this space is exciting and significant and we're always eager to share the latest news and insights. But you don't have to be a .brands nut to see that the last few weeks have shown some serious signs of momentum. And it makes me wonder, with everything that's developed in just the last week or two, could we be set for October to be the biggest month in .brands we've ever seen? more

In Whose Language? Cybersquatting by Foreigners

There are no gatekeepers to prevent registrants from acquiring domain names incorporating marks that potentially violate third-party rights. Anyone anywhere can acquire domain names composed of words and letters in languages not its own through a registrar whose registration agreement is in the language of the registrant. For example, a Chinese registrant of a domain name incorporating a Norwegian mark as in <statoil.store> in which Complainant requests the proceeding be in English notes that Chinese is not an official language in Norway. more

AFNIC Publishes New Issue Paper on “the Secondary Market in Domain Names”

Loic Damilaville writes to report: Today AFNIC is publishing its new issue paper on the secondary market in domain names. The paper -- written to inform individuals as well as businesses -- gives a detailed account of the concept of "secondary market", the valuation mechanisms used, and the main players involved. The secondary market covers over-the-counter sales of already registered domain names, as well as the market in "second-hand domain names" and the ecosystem made up of the various players involved in these matters. more

EURid Releases 74,000 Disputed Names

EURid has unfrozen 74,000 domains that were part of a dispute against domain warehousers. In July, EURid relented to outside pressure as it suspended the registration of 74,000 domains. They claimed these domains were registered directly by three registrars, not on behalf of clients, which violated EURid's terms. But the registrars have won this round... more

Domain Name Registration: Not a Technology Service Any More?

It didn't seem to make any headlines, but it is an interesting sign of the Internet times that, effective January 1, 2009 , the United State Patent and Trademark Office ("USPTO") changed the International Classification of "domain name registration services" to Class 45 (defined below). The reason that the move is interesting is that it is just one more indication that the world of the Internet is becoming less and less about technology and more and more about law and policy. more

The Netizen’s Guide to Reboot the Root (Part I)

In the world of ICANN and Internet policy, complexity is manufactured to create an illusion that issues are impenetrably technical such that normal and everyday principles can't apply. This causes a pervasive and entrenched phenomenon of eyes that glaze over at the mere mention of the word "ICANN" -- including those of government regulators and other officials that might otherwise take more of an active interest. more

Preparing for GDPR’s Impact on WHOIS - 5 Steps to Consider

With GDPR coming into effect this May, it is almost a forgone conclusion that WHOIS as we know it today, will change. Without knowing the full details, how can companies begin to prepare? First and foremost, ensuring that brand protection, security and compliance departments are aware that a change to WHOIS access is on the horizon is an important first step. Just knowing that the ability to uncover domain ownership information is likely to change in the future will help to relieve some of the angst that is likely to occur. more

Fair Use Registration of Domain Names for Artists and Hobbyists

There is in the Anticybersquatting Consumer Protection Act a provision not expressly found in the UDRP (at least, not in so many words) but the concept is nevertheless present in the Policy by construction... The term "fair use" is typically associated with protected speech (criticism and commentary), fan websites, and nominative use of domain names but it is not limited to those uses. It's a flexible principle in both trademark and copyright law. more

Confusing Similarity of Domain Names is Only a ‘Standing Requirement’ Under the UDRP

WIPO's newest overview of the Uniform Domain Name Dispute Resolution Policy (UDRP) succinctly states what decisions have made clear through the years: The UDRP's first test is only a "standing requirement." Standing, under the law, simply means that a person or company is qualified to assert a legal right. It does not mean or imply that one will necessarily prevail on any claims. The UDRP includes a well-known three-part test that all trademark owners must satisfy to prevail, but the first element has a low threshold. more

Even a Pandemic Isn’t Enough

The most incredible thing about the dot-org sale is no longer the billion-dollar price tag. It's not surprise fait-accompli announcement. It's not the republican billionaires. It's that the proponents have continued to advocate for it in the midst of the worst crisis the world has faced since the second world war. The biggest crisis in almost a hundred years. One that will reverberate for generations. more

Noncommercial and Fair Use in Rebutting Claims for Abusive Registration of Domain Names

The UDRP lists three nonexclusive circumstances for rebutting lack of rights or legitimate interests in domain names, which if successful also concludes the issue of abusive registration in respondent's favor. The third circumstance is "you are making a legitimate noncommercial or fair use of the domain name without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue." more

Over 100 gTLD Applications Committed in Aug. 13 Applicant Auction

In early June, the first Applicant Auction resolved contention for 6 contested gTLDs. The successful outcome of that auction has generated a great deal of interest from other applicants, and Innovative Auctions is expecting a big turnout in our next auction, to be held on August 13th. For more than half of the contested applications, at least one applicant is ready to resolve contention via our auction. more

The Internet Isn’t Privatized Until .com Is Put Out for Bid

Previously, this series tackled the terribly awful Amendment 35 to the NTIA-Verisign cooperative agreement and also made the case that the tainted presumptive renewal currently included in registry agreements is inherently anti-competitive. But renewing legitimacy and integrity of Internet governance requires accurately understanding the unique and significant role retained by the U.S. government following the IANA transition. more

Digital Identity and Branding: The Five Most Common Mistakes in Naming

The U.S. is a total hotbed for Startups. Over the course of the last year, venture capital firms invested $69.11 billion in U.S. startups. Now is an exciting time where there is more ingenuity and entrepreneurial efforts than ever before. And of course every entrepreneur's dream is to have a successful idea and "make it". However, a startup's name and its associated digital identity are often not as thought out as they should be. more