Domain Names

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

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

Running the Gamut: Commentary, Criticism, Tarnishment, Disparagement, and Defamation

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

EFF Urges EURid to Refuse EU Commission’s “Misguided Advice” to Eliminate UK-Registered .EU Domains

In response to the European Commission surprise announcement last week that British domain owners may no longer be entitled to keep their ".eu" domain names, EFF is urging the registry for .eu (EURid) no to follow through. more

Survey Indicates Fair Demand for Brand Based Top-Level Domains

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

Cast Your .vote for the Most Interesting New gTLD Development in Q4

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

New Paper Proposes ‘Attested DNS’ to Secure Domain Names with Trusted Hardware

Azure researchers propose attested DNS, a system that embeds confidential computing into the internet's naming infrastructure. By binding domain names to trusted hardware and software, it enhances service verification while maintaining compatibility with existing web technologies. more

Br’AI’ve New World - Part 1: Brand Protection ‘Clustering’ as a Candidate Task for the Application of AI Capabilities

As counterfeit networks grow more elusive, AI-driven clustering could revolutionize brand protection. By linking disparate findings, identifying serial infringers, and enabling bulk enforcement, AI offers a smarter approach to monitoring and takedown efforts. Yet, challenges remain - from data reliability to analyzing complex content. Companies that master AI-driven clustering may gain a significant advantage in the fight against brand abuse. 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

Access to Safe and Affordable Prescription Medications Online is a Human Right

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

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

Wait and See Approach on Abuse

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

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

Proving and Rebutting Respondent Lacks Rights or Legitimate Interests in Accused Domain Names

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

“Practice Safe DNS” Campaign Launched to Educate on Securing DNS, Adopting DNSSEC

.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