Domain Names

Domain Abuse: Are We Speaking the Same Language?

For those of us in the domain name industry, it's clear that security threats and the way we track, report, and mitigate them has been a topic of increased discussion and focus in recent months. As we prepare to come together as a community again at the next ICANN public meeting in Marrakech, many of us will look to continue these conversations, as there is no doubt it is a topic of importance, relevance and urgency for our community at this time. more

In Whose Language? Cybersquatting by Foreigners

There are no gatekeepers to prevent registrants from acquiring domain names incorporating marks that potentially violate third-party rights. Anyone anywhere can acquire domain names composed of words and letters in languages not its own through a registrar whose registration agreement is in the language of the registrant. For example, a Chinese registrant of a domain name incorporating a Norwegian mark as in <statoil.store> in which Complainant requests the proceeding be in English notes that Chinese is not an official language in Norway. more

EURid Releases 74,000 Disputed Names

EURid has unfrozen 74,000 domains that were part of a dispute against domain warehousers. In July, EURid relented to outside pressure as it suspended the registration of 74,000 domains. They claimed these domains were registered directly by three registrars, not on behalf of clients, which violated EURid's terms. But the registrars have won this round... more

Over 100 gTLD Applications Committed in Aug. 13 Applicant Auction

In early June, the first Applicant Auction resolved contention for 6 contested gTLDs. The successful outcome of that auction has generated a great deal of interest from other applicants, and Innovative Auctions is expecting a big turnout in our next auction, to be held on August 13th. For more than half of the contested applications, at least one applicant is ready to resolve contention via our auction. more

Unstoppable Domains Receives ICANN Accreditation, Plans to Integrate Blockchain with Traditional Domain Services

This accreditation positions UD as the largest ICANN-accredited registrar in the Web3 space, allowing it to expand its offerings to include a broader range of generic top-level domains (gTLDs) and country code domains (ccTLDs). more

Fair Use Registration of Domain Names for Artists and Hobbyists

There is in the Anticybersquatting Consumer Protection Act a provision not expressly found in the UDRP (at least, not in so many words) but the concept is nevertheless present in the Policy by construction... The term "fair use" is typically associated with protected speech (criticism and commentary), fan websites, and nominative use of domain names but it is not limited to those uses. It's a flexible principle in both trademark and copyright law. more

Can the Internet Work Across Borders?

On the face of it, the answer is a rather obvious and simple "yes"! The Internet obviously works across borders. Technically, it is a global network servicing its users wherever they may be on the planet. But it is this very nature -- the fact that the Internet is not bound to a specific country or territory -- which has more and more people asking themselves whether it can really work across borders. more

The Importance of Protecting Credibility: Claiming and Rebutting Cybersquatting

The Uniform Domain Name Dispute Resolution Policy (UDRP) is an online dispute resolution regime. While panelists technically have discretion under Rule 13 to hold in-person hearings if they "determine[ ] ... and as an exceptional matter, that such a hearing is necessary for deciding the complaint" no in-person hearing has ever been held. Rule 13 exists to be ignored. more

AFNIC Publishes New Issue Paper on “the Secondary Market in Domain Names”

Loic Damilaville writes to report: Today AFNIC is publishing its new issue paper on the secondary market in domain names. The paper -- written to inform individuals as well as businesses -- gives a detailed account of the concept of "secondary market", the valuation mechanisms used, and the main players involved. The secondary market covers over-the-counter sales of already registered domain names, as well as the market in "second-hand domain names" and the ecosystem made up of the various players involved in these matters. more

The Three-Character Question at the Heart of Single-Character .COMs: W-H-Y?

In the matter relating to O.COM, I've focused on the fact that VeriSign has -- in correspondence to the organization that is counter-party to its .COM and transliterated .COM IDN Registry Agreements, in earnings calls with its investors and financial analysts, and in policy published on its website for every innocent and unsuspecting Tom, Dick, and Harry in the world to be duped by -- stated an unequivocal and unwavering commitment . more

Preparing for GDPR’s Impact on WHOIS - 5 Steps to Consider

With GDPR coming into effect this May, it is almost a forgone conclusion that WHOIS as we know it today, will change. Without knowing the full details, how can companies begin to prepare? First and foremost, ensuring that brand protection, security and compliance departments are aware that a change to WHOIS access is on the horizon is an important first step. Just knowing that the ability to uncover domain ownership information is likely to change in the future will help to relieve some of the angst that is likely to occur. more

Here They Come

Something has shifted. I think it might be the end of the holding pattern we as new gTLD applicants/followers/enthusiasts and generally speaking, the entire community, have been caught up in. We´re all looking forward to ushering in the next generation of the Internet. Someone press start please. Several major milestones have been reached. more

The Internet Isn’t Privatized Until .com Is Put Out for Bid

Previously, this series tackled the terribly awful Amendment 35 to the NTIA-Verisign cooperative agreement and also made the case that the tainted presumptive renewal currently included in registry agreements is inherently anti-competitive. But renewing legitimacy and integrity of Internet governance requires accurately understanding the unique and significant role retained by the U.S. government following the IANA transition. more

Confusing Similarity of Domain Names is Only a ‘Standing Requirement’ Under the UDRP

WIPO's newest overview of the Uniform Domain Name Dispute Resolution Policy (UDRP) succinctly states what decisions have made clear through the years: The UDRP's first test is only a "standing requirement." Standing, under the law, simply means that a person or company is qualified to assert a legal right. It does not mean or imply that one will necessarily prevail on any claims. The UDRP includes a well-known three-part test that all trademark owners must satisfy to prevail, but the first element has a low threshold. more

Beware of Extra Fees in UDRP Proceedings

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