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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
Domain name monitoring - that is, the detection of domains with names containing a brand-term (or other string) of interest - is a very well-established element of brand protection services. Branded domain names are of key importance to brand owners (as the basis for business-critical infrastructure (i.e. 'core' domain names), and as part of a 'tactical' portfolio of strategic and defensive registrations), but also to infringers, who can utilise domains as a means of impersonation, passing off, claimed affiliation, or traffic direction and monetisation. more
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
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
According to a new report, the number of domain names increased by 24 million globally in 2008 increasing the total to 177 million domain name registrations across all of the Top Level Domains (TLDs). This represents 16% growth over the previous year, reports the latest Domain Name Industry Brief published by VeriSign. It is also noted that the last quarter of 2008 saw more than 10.1 million new domain names registered across all TLDs. This reflects a slower growth in new registrations with a decline of 12% from the third quarter 2008 and 17% from the same quarter in the previous year. more
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
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
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
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
As the shorter of the ICANN interregnums comes to a close and the ICANN faithful finalize their dinner reservation agendas for Brussels, it is time again for a preview of what will be 'on-tap' at next week's ICANN meeting. While, as always, there is a lot going on in ICANN Land, a scan of the blogosphere and ICANN list serves suggests that the four most discussed topics will be... more
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
Wait and see approach on abuse attracts ICANN Stakeholder attention: A few weeks ago I made a detailed argument as to why product safety applies to domains, just like it does to cars and high chairs. I also argued that good products equal good business or "economically advantaged" in the long run. Then I really made a strong statement, I said if we don't actively engage other Internet stakeholders -- those that interact with our products, we would eventually lose the opportunity to self-regulate. more
I recently served on a panel at the Toronto RightsCon 2018 conference (Making Safe Online Access to Affordable Medication Real: Addressing the UN Human Rights resolution for access to essential medicines), where I represented the perspective of Americans struggling to afford their daily medications and desperate to have safe, affordable Internet access to their prescriptions. more
Would you be interested in helping guide the future of the Public Interest Registry (PIR), the non-profit operator of the .ORG, .NGO and .ONG domains? If so, the Internet Society is seeking nominations for three positions on the PIR Board of Directors. The nominations deadline is Monday, February 4, 2019, at 15:00 UTC. There are three positions opening on the PIR Board. Directors will serve a 3-year term that begins mid-year 2019 and expires mid-year 2022. more
.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
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