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Timing Is All: Cybersquatting or Mark Owner Overreaching?

Admittedly, timing is not altogether "all" since there's a palette of factors that go into deciding unlawful registrations of domain names, and a decision as to whether a registrant is cybersquatting or a mark owner overreaching, is likely to include a number of them, but timing is nevertheless fundamental in determining the outcome. Was the mark in existence before the domain name was registered? Is complainant relying on an unregistered mark? What was complainant's reputation when the domain name was registered? What proof does complainant have that registrant had knowledge of its mark? Simply to have a mark is not conclusive of a right to the domain name. more

Upcoming Domain Pulse 2008 Within Central Europe

Domain Pulse, the yearly get-together of the German-speaking registries of nic.at (Austria), Denic (Germany) and SWITCH (Switzerland) is happening on February 21 and 22 in Vienna. The conference alternates between the countries -- last year it was Switzerland, this year Austria and next year Germany... Domain Pulse covers everything in the domain name arena from management of the DNS, what's happening in each of the ccTLDs, after market and domaining, security threats to the DNS and internet as well as wider issues affecting the internet's development such as internet governance. more

ICANN Community Leader Stéphane Van Gelder Has Died

ICANN community leader and long-time CircleID participant Stéphane Van Gelder has died in a motorcycle accident. He was 51. more

ICANN’s GAC Talks Are Critical For New gTLDs

With Bill Clinton's appearance at ICANN San Francisco now confirmed to be more than mere rumor, the March meeting will be a very big event indeed. On its home turf, and under the glare of possibly unprecedented global attention, ICANN may feel some pressure to make sure it has some noteworthy news to announce at the end of the week, after its Board of Directors meets. more

Canada Migrates Its Domain .CA to Fury, a Homegrown Registry Platform

CIRA, Canada's .CA operator, today announced that it has successfully migrated the nations TLD to its homegrown domain registry platform it calls Fury. more

Game Over for Public Whois? Article 29 Gives ICANN the Advice It Asked For

We've talked about the conflicts between our ICANN contract and privacy law in the past. Not once, not twice, but multiple times. We refused to sign the 2013 Registrar Accreditation Agreement (RAA) with ICANN until we'd received a data retention waiver. That decision probably cost us money, but if we have to choose between operating legally or illegally our path is clear. 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

Anti-Consumer ICANN Can Not be Trusted To Protect Domain Registrants’ Property Interests

Domain name registrants who purchase a name in any of the present or pending generic (gTLD) top level domains should think twice before entrusting a domain name property interest to ICANN, even though ICANN levies a money tariff on each domain registration. ICANN has no policy language that indemnifies domain name registrants. ICANN language does not even contemplate the possibility of domain theft by an ICANN registrar. 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

Is ICANN Opening up Public Comment Periods in Bad Faith?

I read with interest that ICANN opened up yet another comment period on new TLDs. I believe that I speak for many when I question whether ICANN is opening up these comment periods in good faith, or instead whether these are smokescreens, mere distractions to pretend that ICANN is "listening" to the public while staff and insiders proceed with predetermined outcomes. more

‘Combosquatting’: New Attention for an Old Problem

A study (18-page PDF) from researchers at Georgia Tech and Stony Brook University has attracted attention to what it calls "combosquatting," but the practice has been around since the early days of domain name disputes. The study says combosquatting "refers to the combination of a recognizable brand name with other keywords (e.g., paypal-members.com and facebookfriends.com)." It adds that this practice differs from other types of cybersquatting "in two fundamental ways. more

Unregistered Gems Part 5: Using Groupings to Find Brandable Domains

The initial instalment of my recent series of articles on domain name discovery1 considered the use of phonotactic analysis - that is, the measure of the similarity of a string to the 'corpus' of other words in a language - to identify available unregistered candidate domains which may be of interest for potential brandability. more

Total Domains Reach 280 Million Worldwide

The second quarter of 2014 closed with a base of 280 million domain name registrations across all top-level domains (TLDs) -- an increase of four million domain names or 1.4 percent over the first quarter of 2014 -- according to Verisign in its latest issue Domain Name Industry Brief. Registrations have grown by 18.6 million, or 7.2 percent, year over year. 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

Basketball Australia Switches Its Official Website to New Top-Level Domain .Basketball

As part of a plan to unify Australian basketball digital front, Basketball Australia is moving its official website to a new TLD-based domain name at www.australia.basketball. more