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As we passed five years since the Internet Assigned Numbers Authority transition took place, my co-authors and I paused to look back on this pivotal moment; to take stock of what we've learned and to re-examine some of the key events leading up to the transition and how careful planning ensured a successful transfer of IANA responsibilities from the United States Government to the Internet Corporation for Assigned Names and Numbers. more
The total number of domain names have grown to 180 million world wide, according to the first quarter 2009 Domain Name Industry Brief published by VeriSign. The first quarter of 2009 reached a base of 183 million domain name registrations across all of the Top Level Domain Names (TLDs) -- a 3% increase over the fourth quarter of 2008 and a 12% increase over the same quarter from last year. Country Code TLDs (ccTLDs) rose to 74.1 million domain names during the first quarter, a four percent jump from the previous quarter and an 18 percent increase year over year. Gauged by total registrations, .com remains the most popular TLD category, followed by .cn (China), .de (Germany) and .net. This composition remains unchanged from Q4 2008. more
The Uniform Rapid Suspension System (URS) is designed to get a domain name suspended, but in some cases this dispute policy can be used to help get a domain name transferred. It's an uncommon result but one that trademark owners may want to keep in mind. The suspension remedy is often viewed as the greatest limitation of the URS. Trademark owners that want to have a domain name transferred typically file a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP) instead of the URS - but, the UDRP is more expensive and time-consuming. more
ICANN's repeated betrayals of the public interest have created the conditions for Ethos Capital's proposed purchase of .Org. The growing outrage directed at ICANN is raising questions about ICANN's legitimacy and the wisdom of having entrusted ICANN with oversight over the domain name system ("DNS"). ICANN has shown itself to be out of touch with and unresponsive to the public interest. ICANN now has an opportunity to remember its mission... more
A team of Internet activists including co-founder and ex-spokesperson of the Pirate Bay, Peter Sunde, today announced the launch of a unique domain name service, called Njalla, designed to act as a "privacy shield" for registrants.
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The term "counterfeit" is defined under U.S. trademark law as "a spurious mark which is identical with, or substantially indistinguishable from, a registered mark." 15 U.S.C. § 1127 (Lanham Act, Sec. 45). Used as a noun, domain names ultimately found to have been registered in bad faith make their registrants cybersquatters by definition. But more commonly we encounter counterfeiting as an adjective as it applies to spurious goods (counterfeit goods) -- "made in exact imitation of something valuable or important with the intention to deceive or defraud." more
It's time for the community to demonstrate its resolve to see ICANN implement a successful and effective Trademark Clearinghouse (TMCH). Let's be clear here. The current ICANN implementation model and approach is flawed and needs attention. Following more than three months of consultation and negotiation, today I'm pleased to be able to present the domain name and trademark protection industries with an alternative solution for the operation of ICANN's Trademark Clearinghouse for the new Top-Level Domain (TLD) program. more
The stakeholder community needs to get with the program and assert itself now – if it still can. The recent attempts by the Internet Society (ISOC) to wrap itself in the halo of Jon Postel's "original intent" for .org is specious and laughable. As I've previously published, Postel also didn't like how big the top-level domains were getting and suggested, in 1993, that top-level domains should be capped at 10,000 names and that further zone growth should happen at the second- and third-levels (similar to how the UK has .uk and then .com.uk, for example). more
Panels appointed to adjudicate domain name disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) have written in the region of 50,000 decisions involving over 75,000 domain names (minuscule of course when measured against the number of registered domain names). What may surprise some parties, their representatives, and counsel is that these publicly accessible decisions have fueled the emergence and development of a jurisprudence of domain names. more
Brian Krebs reporting in Krebs on Security: "Half of all 'rogue' online pharmacies -- sites that sell prescription drugs without requiring a prescription -- got their Web site names from just two domain name registrars, a study released today found. The findings illustrate the challenges facing Internet policymakers in an industry that is largely self-regulated and rewards companies who market their services as safe havens for shadowy businesses." more
The exposed areas needing improvement by ICANN - both the organization as well as its global community of stakeholders - provide a target-rich environment. In the nearly three years since the completion of the transition of the Internet Assigned Names Authority (IANA), ICANN has persistently sought to drive top-down dictatorial policymaking; to shroud its activities and decision-making from public view; and, to evade accountability -- in some cases even doubling down on its efforts. more
The general run of Uniform Domain Name Resolution Policy (UDRP) decisions are unremarkable. At their least, they are primarily instructive in establishing the metes and bounds of lawful registration of domain names. A few decisions stand out for their acuity of reasoning and a few others for their lack of it. The latest candidate of the latter class is NSK LTD. v. Li shuo, FA170100 1712449 (Forum February 16, 2017)... It is an example of inconsistency in the application of law. more
On 6 March 2024, the ICANN At Large Advisory Committee (ALAC) held a plenary session entitled "Building Trust on the Internet Through Registrant Verification" at the ICANN79 Community Forum in San Juan, Puerto Rico, that Michael Palage and Avri Doria co-moderated. This session was inspired in part by a recent World Economic Forum report entitled "Reimagining Digital ID"... more
I recently shared at a conference how a seasoned brand and fraud expert from one of the world's largest global financial institutions lamented a major attack where multiple fraudulent websites would pop up every single day. All attacks were launched from the same registrar and web hosting company, and no matter how much they reached out to these providers, they received the same reply: "we will pass on your request to the registrant or site owner," and then nothing happened. more
Ethos Capital has recently announced that it has voluntarily proposed to add an amendment to Public Interest Registry's (PIR) .ORG Registry Agreement with ICANN in the form of a Public Interest Commitment, also known as a "PIC." In the press release Ethos indicated that the PIC would become "legally binding" and "enforceable" both by ICANN and by members of the community. I anticipate that some would ask a number of logical questions: How would that work in practice? more
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