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A company that registers a domain name containing someone else's trademark may be engaging in the acceptable practice of "defensive registration" if (among other things) the domain name is a typographical variation of the registrant's own trademark. That's the outcome of a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP), a case in which the domain name in dispute, idocler.com, contained the complainant's DOCLER trademark -- but also contained a typo of the respondent's DOLCER trademark. more
According to the latest Domain Name Industry Brief from VeriSign, Inc., the fourth quarter of 2011 closed with a base of more than 225 million domain name registrations across all Top-Level Domains (TLDs) -- an increase of 5.9 million domain names, or 2.7 percent over the third quarter. Registrations have grown by more than 20.4 million, or 10 percent, since the fourth quarter of 2010, according to the report. more
Once you've determined that you can trust the signer of a message, as we discussed in part 3, it's easy to extrapolate that various portions of the message are equally trustworthy. For example, when there's a valid DKIM signature, we might assume that the From: header isn't spoofed. But in reality, DKIM only tells us two basic things... more
Over the past several years, questions about how to protect information exchanged in the DNS have come to the forefront. One of these questions was posed first to DNS resolver operators in the middle of the last decade, and is now being brought to authoritative name server operators: "to encrypt or not to encrypt?" It's a question that Verisign has been considering for some time as part of our commitment to security, stability and resiliency of our DNS operations and the surrounding DNS ecosystem. more
We believe that certain updates in the latest draft that limit the scope of ICANN's Mission, as specified in paragraph 188, could explicitly prevent ICANN from actively enforcing its contracts with Registries and Registrars or use contracts as a tool to implement consensus policies in the future. We suggest in our comments that revised bylaw text be added explicitly stating that the enforcement and creation of ICANN's contracts with Registries and Registrars... more
The second installment in my four-part series on New gTLD objections will focus on the limited public interest ("LPI") variety. The overarching theme however is essentially the same: new gTLD objections are generally more complicated (and costly) than UDRP actions and need to be approached with care. In fact, LPI represents one of the best examples of the tough climb that would-be objectors are likely to face. Understanding exactly what is required beforehand - and whether or not you can deliver - is absolutely critical. more
I could have ignored yesterday's ICANN New gTLD Applicant Update Webinar and just read summaries from the usual respected news and industry sources. However, with three hours slotted and likely questions regarding ICANN CEO Fadi Chehadé's somewhat eyebrow-raising comments at the regional ICANN Registry-Registrar meeting in Amsterdam last week -- led me wanting to hear it all myself. more
Joly MacFie writes: Last October the NYC Department of Information Technology & Telecommunications (DoITT) issued a request for proposals for "services to obtain, manage, administer, maintain and market the geographic Top Domain name .nyc.". At ICANN's recent 37th meeting in Nairobi, consensus was reached on the "overarching" issue of intellectual property protection. This leaves only the issue of the final (4th) draft of the Applicants Guidebook, expected before the 38th meeting in Brussels in June 2010... more
Users scored an exciting victory over copyright-based censorship last month, when the Domain Name Association (DNA) and the Public Interest Registry (PIR), in response to criticism from EFF, both abruptly withdrew their proposals for a new compulsory arbitration system to confiscate domain names of websites accused of copyright infringement. But copyright enforcement was only one limb of the the DNA's set of Registry/Registrar Healthy Practices. more
Over the course of the last year, the ICANN Board and Governmental Advisory Committee (GAC) have constructively worked through a long list of their differences contained in the GAC scorecard. As we near the finish line with Monday's scheduled ICANN Board meeting to approve the Applicant Guidebook, there remains a small handful of issues that will hopefully be resolved in a similar responsible manner during Sunday's ICANN Board/GAC consultation. more
I've said many times that winning a domain name dispute under the Uniform Rapid Suspension System (URS) is much more challenging than under the Uniform Domain Name Dispute Resolution Policy (UDRP). But, that doesn't mean trademark owners should take the UDRP for granted. One complainant learned that lesson an especially hard way -- first by losing a URS determination and then by losing a UDRP decision on the same domain name. more
One of the central goals of a brand protection program is detecting infringing third-party activity that falls outside the firewall - that is, external to a brand owner's portfolio of official core and tactical domains. Brand threats occur across a range of internet channels, but domain name abuse is one of the most significant areas for concern, both in terms of the visibility and potential for confusion of branded domain names by potential customers, and the enforcement options available. For this reason, domain monitoring is considered a core component of a brand protection service. more
Recent study indicates that US continues to widen its lead as the number one country when it comes to hosting phishing sites. According to the latest Brandjacking Index just released by MarkMonitor, US-hosted phishing sites grew by ten percent from last quarter -- up from 36 percent to 46 percent. Canada is now at second position with 4.7 percent of all phishing attacks, followed by the Russian Federation (4.5 percent), France (4 percent), and Denmark (4 percent). more
In the case of Oy Vallila Interior Ab v. Linkz Internet Services, a 3-member WIPO Panel denied the Complainant's efforts to have the disputed domain name vallila.com transferred because the Complainant did not prove that the Respondent registered and used the disputed domain name in bad faith. The Complainant is in the business of providing fabrics and interior design services and claimed trademark rights in its registered mark VALLILA in the European Union. more
eco, which is the largest internet industry association in Europe, is holding a virtual meeting later this month to discuss Brexit. The meeting, which is scheduled for July 27th at 1200 UTC, will be the first of several dialogues among industry to discuss the potential impact of the UK's exit from the EU on the domain name industry. As I mentioned in a recent post, the exit of the UK from the EU has an "unknown" impact on how domain name registries and registrars will interact with UK based registrants. more
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