Domain Names

WHOIS Access and Interim GDPR Compliance Model: Latest Developments and Next Steps

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

ICANN: Termination of Registrar EstDomains to Go Ahead

The termination of ICANN-accredited registrar EstDomains is to go ahead, effective 24 November 2008. On 28 October 2008, ICANN sent a notice of termination to EstDomains, Inc. based on an Estonian Court record reflecting the conviction of EstDomains' then president, Vladimir Tsastsin, of credit card fraud, money laundering and document forgery. Pursuant to Section 5.3 of the Registrar Accreditation Agreement (RAA), ICANN may terminate the RAA before its expiration when, "Any officer or director of [a] Registrar is convicted of a felony or of a misdemeanor related to financial activities..." more

Q&A With Rami Schwartz, Founder and CEO of .tube

After its initial launch in 2016 and with over 1,800 domains registered, the .tube TLD recently released over 25,000 previously reserved domains as part of a broader re-launch of its business and brand. I spoke with Rami Schwartz, Founder and CEO of .tube about the journey so far and about what's in store for .tube in the New Year... "We're used to fighting against companies much larger than us and prevailing - our history has seen us come up against the likes of the Mexican Government and Google..." more

Running the Gamut: Commentary, Criticism, Tarnishment, Disparagement, and Defamation

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

The .nyc Landrush Auctions: Adding Injury To Insult

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

M3AAWG and APWG Do the Best Survey Yet on WHOIS Redaction

M3AAWG, the Messaging, Malware, and Mobile, Anti-Abuse Working Group and APWG, the Anti-Phishing Working Group, surveyed their members about recent WHOIS changes. With over 300 results from security researchers, it's the broadest report yet on WHOIS use. The survey results confirm our concerns that WHOIS was a vital resource for security research, and its loss is a serious and ongoing problem. more

Survey Indicates Fair Demand for Brand Based Top-Level Domains

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

New gTLD Application Monitoring? Now?

Why in the world would any company sign-up for a "New gTLD Application Monitoring Service" when ICANN intends to publicly post all applications on May 1st? Domain Name Watching and Trademark Watching Services make perfect sense when new registrations and applications are being submitted and granted on a daily basis. I think that we can all easily agree that trying to understand new domain name and trademark registrations without an automated service would be nearly impossible. more

New TLD Subsequent Procedures: A Proposed Model to Move Forward

Back in February 2017, I published the article "Next gTLD Round -- A Seven Year Itch" on CircleID advocating for the Board, ICANN Community, and ICANN org to reach a common understanding of what needed to be accomplished in order to identify a date to open the next application window for new gTLDs. In the past 18 months, there has been considerable movement toward the goal of opening the next application window for new gTLDs. more

Three Kinds of UDRP Disputes and Their Outcomes

There are three kinds of UDRP disputes, those that are out-and-out cybersquatting, those that are truly contested, and those that are flat-out overreaching by trademark owners. In the first group are the plain vanilla disputes; sometimes identical with new tlds extensions (mckinsey.careers> and <legogames.online>); sometimes typosquatting (<joneslang lassale.com> and <wiikipedia.org>); and other times registering dominant terms of trademarks plus a qualifier (<pleinphilipp-shop.com> and <legostarwars2015.com>). more

Why “.brands” Domains Make Sense

I receive spam on a daily basis from various Banks... as well as mine. None are legitimate but actually, that is not what is catching my attention receiving spam. There is something else and it deals with stealing information from me. Creating a personalized ".brand" domain name extension allows avoiding all that. Many are familiar with receiving spam through phishing attempts to have you answering an email and providing personal information such as login and passwords... more

“Practice Safe DNS” Campaign Launched to Educate on Securing DNS, Adopting DNSSEC

.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

Cast Your .vote for the Most Interesting New gTLD Development in Q4

2020 has been extremely eventful, so it follows that the domain industry has continued to experience perpetual change, progress and uncertainty in the last three months of the year. In our Q4 New gTLD Quarterly Report, MarkMonitor experts analyze topical registration activity, launch information, .brand growth and DNS abuse, and share a list of upcoming industry meetings for 2021. more

Domain Slammers Go Phishing

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

Proving and Rebutting Respondent Lacks Rights or Legitimate Interests in Accused Domain Names

Paragraph 4(a)(ii) of the Uniform Domain Name Dispute Resolution Policy requires complainants to offer evidence conclusive by itself or sufficient from which to infer that respondents lack rights or legitimate interests in the accused domain names. As I've pointed out in earlier essays (here and here) the standard of proof is low and relies on inference, for good reason; beyond the visual proof and what may be obtainable from on- and offline research, respondents control evidence of their choices. more