Domain Names

ICANN’s “Hallway” Agenda

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

When It Comes to gTLDs, Follow the Money (Part 2)

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

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

Investigating Domain Name Crime: Challenges and Essential Techniques

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

What We Can Learn from URS Decisions (Hint: Not Much)

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

Horse’s Head in a Trademark Owner’s Bed

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

Domain Pulse 2011: New gTLDs, Their Impact on Aftermarket and Importance of Domain Names

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

The Netizen’s Guide to Reboot the Root (Part I)

In the world of ICANN and Internet policy, complexity is manufactured to create an illusion that issues are impenetrably technical such that normal and everyday principles can't apply. This causes a pervasive and entrenched phenomenon of eyes that glaze over at the mere mention of the word "ICANN" -- including those of government regulators and other officials that might otherwise take more of an active interest. more

Public Interest Registry, ICANN Agree to Extend Deadline on Review of Proposed Acquisition of .ORG

The Internet Corporation for Assigned Names and Numbers (ICANN) and Public Interest Registry (PIR) today announced that they have mutually agreed to extend ICANN's time to review PIR's submissions to April 20th. more

Court’s Analysis in ACPA Case Is Instructive on How to Plead Bad Faith Domain Name Registration

NameFind is a GoDaddy company that holds registrations of domain names and seeks to make money off of them by placing pay-per-click ads on parked pages found at the domain names. Global Licensing owns the DEJA VU trademark that is used in connection with strip clubs and other adult-related services. When NameFind used the domain name dejavushowgirls.com to set up a page of pay-per-click ads, Global Licensing sued, raising claims under the federal Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. 1125(d). more

Principles, Factors, and Elements that Promote or Undermine the Outcome of UDRP Cases

Panels adjudicating cybersquatting claims, defenses, and rebuttals under the Uniform Domain Name Dispute Resolution Policy (UDRP) expect parties to prove their contentions, and this means having a working understanding of what this entails. There is, first, a set of fundamental rules or principles -- such as pending applications for a mark do not constitute a right, or recognizing unregistered marks as constituting rights... more

A Sigh of Relief for Brand Owners ...Not So .Fast

All indications from the ICANN meetings in Seoul are that significant delays for the release of new gTLDs (Generic Top Level Domains) are expected. According to Rod Beckstrom, ICANN's CEO, new gTLDs will be made available when, "we've adequately addressed the important issues that are on the table." These important issues include efforts to address malicious conduct, root scaling, economic analysis, trademark protections, and vertical separation as related to the new gTLDs. more

Astronomical Increases in Domain Names: Low Constancy of Abusive Registrations

When ICANN implemented the Uniform Domain Name Dispute Resolution Policy (UDRP) in 1999, the number of registered domain names were in the low eight digits. Registered domain names passed the first million in 1997. Today, they are in the first third of nine digits, and continuing to grow. In its newly released publication gTLD Marketplace Health Index (Beta) (July 21, 2016) ICANN offers through a couple dozen metrics a picture of the multiple parts that corporately go into making a healthy marketplace. It's "Beta" because the Health Index is a work in progress. more

Thumb on the Scales

Does the ICANN Board putting its thumb on the scale, change the status quo assumption of a Policy Development Process (PDP)? The primary assumption of most PDPs is that, in the absence of consensus for change, the status quo remains. Otherwise, Policy would be made by fiat by the PDP's Chair or Co-Chairs and there would be a mad rush to occupy those unpaid, thankless positions. more

U.S. Court Overrules Attempt to Seize Iran’s, Syria’s and North Korea’s Domains

In a landmark ruling, a U.S. federal court has agreed with the Internet Corporation for Assigned Names and Numbers (ICANN) that the country code Top-Level Domains (ccTLDs) are not property subject to attachment and thus overruled an attempt to seize Iran's, Syria's and North Korea's domains as part of a lawsuit against those countries' governments. more