Domain Names

Building a Case for Cybersquatting Under the UDRP

A number of recent UDRP decisions remind trademark owners (and counsel) that cybersquatting cases have to be built from the ground up. Each stage has its evidentiary demands. The first two demand either/or proof; the third, the most demanding, requires proof of unified or conjunctive bad faith registration and bad faith use of the accused domain name. Priority, which intuitively would be thought a factor under the first stage (as it is under the ACPA) is actually a factor under the third stage. more

ICANN Board Gets Decisive, Vertical Integration Debate Killed Off

Michele Neylon writes: "Earlier this morning ICANN made public the resolutions from the most recent board meeting of November 5th 2010. The meeting was not a "normal" meeting - it was deemed a "special meeting" and its sole topic was vertical integration and cross-ownership between registrars and registries. This topic, often simply referred to as VI, has been a subject of debate - often very heated - for the last 12 months." more

An Investigation Shows How Bomb Threat Scammers Hijacked Thousands of Big-Name Domains

Ars Technica's Dan Goodin reports that an "investigation shows the spam run worked by abusing a weakness at GoDaddy that allowed the scammers to hijack at least 78 domains belonging to Expedia, Mozilla, Yelp, and other legitimate people or organizations." more

The Growing Importance of Language in UDRP Proceedings

An increasing number of domain name disputes are being conducted in languages other than English, a trend that presents a new challenge for some trademark owners. In 2015, 85.77% of all domain names disputes at the World Intellectual Property Organization (WIPO) were conducted in English - down from an all-time average of 88.01% and a record high (in 2000) of 99.84% (disregarding 1999, the first year of the UDRP, because only one case was filed - in English -- that year). more

A Lesson from the Environmental Protection Agency (EPA) in Domain Name Disputes

While the U.S. Environmental Protection Agency (EPA) has been making news as the result of controversial changes brought about under the new Trump administration -- including the planned removal of "several agency websites containing detailed climate data and scientific information" -- the EPA also has generated some (lesser-known) domain name news: The agency won a decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) for the domain name noattacks.org. more

Domaining Europe Becomes NamesCon Europe

After 10 years as one of the top-level European Domaining Conferences, it is our pleasure to announce the transition of Domaining Europe into NamesCon Europe! This is an exciting new chapter for the NamesCon brand that expands into the European domaining market. The agreement between Domaining Europe and NamesCon was confirmed at the beginning of 2018. The rebranding of Domaining Europe to NamesCon Europe is in effect for the upcoming June 2018 event in Valencia. more

ICANN New gTLD Auctions - Apparently No Antitrust Concerns?

There has been much discussion in ICANN circles concerning auctions to resolve new gTLD contention sets. This article summarizes the discussion and events to date, and suggests there should be little worry for applicants seeking to resolve their contention sets via private auction, rather than ICANN's "last resort" auction. more

Global Domain Name Market Reaches 372 Million Domains, 1.5% Growth in 2024

Afnic, the French association in charge of the .fr domain and several other Internet Top Level Domains, has published the 2024 edition of its annual analysis "The Global Domain Name Market". Here is a summary of the overarching trends and key figures. more

Hundreds of “George Floyd” and “Black Lives Matter” Domain Names Appear in the DNS

Trending news and global events impact domain registration behaviors. We observed a slew of coronavirus-themed domain name registrations, for example, as early as January. George Floyd's death, which sparked several Black Lives Matter movements, is no different. Three days after George Floyd died, our data feed started detecting George Floyd-themed domain names... We retrieved all domain names that contain the strings "eorge," and "lackliv" from 28 May to 7 June and found 402. more

Reverse Domain Hijacking Where Complainant Knew but Did Not Disclose Geographic Significance of Mark

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

Domain Registrations Associated with New TLD Launches

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

Conditions for Launching your .Brand

The post addresses the factors affecting any decision to rebrand under a new Top-Level Domain (TLD). Depending on the TLDs owned by the competing companies, rebranding can be critical, merely advantageous, or a matter of wait-and-see. (This post does not address signal location/geography, strategies for expanding a brand, or the merits of defensive and offensive domain name registrations under relevant new gTLDs.) First, a simple definition... more

.COM Registrations Continue to Rise, Unphased by New gTLDs, ICANN Study Reveals

A recent study commissioned by ICANN reveals despite introduction and growth of new gTLDs, .COM and other legacy TLDs have remained steady and rising. more

Reflections on the 20th Anniversary of the Dot-Com

Twenty years ago (Monday) on June 8th, 1989, I did the public launch of ClariNet.com, my electronic newspaper business, which would be delivered using USENET protocols (there was no HTTP yet) over the internet. ClariNet was the first company created to use the internet as its platform for business, and as such this event has a claim at being the birth of the "dot-com" concept which so affected the world in the two intervening decades. There are other definitions and other contenders which I discuss... more

Continued Controversy Over Google Ads on Typosquatted Domains

Regular readers of this site would be familiar with the ongoing legal battles involving the practice of typosquatting; the registration of misspelled domain names of well know brands with the intention of making a profit. Taking advantage of the fact that millions of online users mistype addresses of websites they intend to visit, typosquatters register common misspelled versions of popular sites and make money by displaying ads. Google's AdSense for Domains (AFD) program, often used for displaying such ads, has been particularly targeted by trademark owners which according to McAfee's SiteAdvisor, serves ads on more than 80% of typosquatting sites recently uncovered. more