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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
.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
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
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
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
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
In my previous article I showed that ICANN expects to recover a lot of money from the first round of applications for new generic Top-Level Domains (gTLDs) -- $92.5 million, to be exact -- and that even that dramatic figure is probably substantially underestimated. For that reason, I argued that ICANN probably will recoup a windfall from the first round of gTLD applications and pointed out that ICANN's promise to consult with the Internet community before spending such a windfall is unsatisfactory because it has failed to say beforehand what surplus revenues might be spent for. 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
Recently, the Internet Corporation for Assigned Names and Numbers (ICANN) unveiled its Trademark Clearinghouse (TMCH), a tool it proposes will help fight trademark infringement relating to another of its new programs - generic top level domain (gTLD). As Lafeber describes, criticism of ICANN's gTLD program and subsequent TMCH database is mounting. Skeptics have noted that given the significant cost of registering a gTLD - the application fee is $185,000 and subsequent annual fees are $25,000 - the program appears to be solely a cash cow, without adding much value to Internet users. more
On Monday, June 21, ICANN convenes in Brussels, hosting its "Welcome Ceremony" for attendees. In advance of the session, the agenda for the Board meeting on Friday, June 25 has been released. As is the fashion, it lists significant issues without being too specific or tipping the Board's hand. It also allows for matters that arise organically during the week of the meeting to (possibly) be heard. more
Who would think that so much could go wrong with something as seemingly innocent as a domain name? As cybercrime continues to evolve, causing devastating reputational and financial losses to businesses and organizations, web addresses are used as a weapon -- and it's not always easy to notice their many faces. In this article, let's take a look at the domain name crime landscape, discuss the current challenges investigators and legitimate registrants face, and talk about some useful techniques. more
London-based Com Laude, owned by PX3 Partners, will acquire Markmonitor from Newfold Digital for $450 million, merging two long-established firms in the corporate domain management sector. more
The impact of new generic Top-Level Domains on the price of existing gTLDs and ccTLDs is likely to be limited, Tim Schumacher, CEO of leading domain name marketplace Sedo, told the the Domain Pulse conference in Vienna, held on 17 and 18 February. "I don't think the new gTLDs will have a major impact on pricing of existing TLDs. If you start a company or a product, you will always need to have your 'dotcom' or respective ccTLD in the market you operate in," said Schumacher in an interview following the conference. more
In addition to being rarely invoked, the Uniform Rapid Suspension System (URS), when utilized, is providing trademark owners and domain name registrants with little guidance about this domain name dispute policy. URS determinations typically offer no insight into the reasons behind an expert's decision, regardless of whether the determination was in favor of the trademark owner (to temporarily suspend the disputed domain name) or the domain name registrant (to allow the registrant to retain the domain name without interruption). more