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Last week the Alliance for Safe Online Pharmacies (ASOP Global; www.BuySafeRx.pharmacy) presented its inaugural Internet Pharmacy Safety E-Commerce Leadership Award to two organizations during the Generic Names Supporting Organization (GNSO) Joint Meeting of the Registries and Registrars Stakeholder Groups at ICANN58 in Copenhagen, Denmark, it was announced on Tuesday. more
Google has announced it will fully deactivate its URL shortening service, Goo.gl, by August 25, 2025, prompting concerns about widespread "link rot." Starting next month, Goo.gl links will display a warning message before ceasing to work altogether by the 2025 deadline. more
We all live in a world where the rapid pace of innovation can be both exciting and challenging. From keeping up with the latest consumer technologies, such as new mobile apps, social media platforms, and digital assistants like Alexa to business-driven innovations like Things (IoT) to Artificial Intelligence, the one certain thing we all face is change. In the Top-Level Domain (TLD) arena, can the same be said about legacy TLDs? more
A fundamental rule of trademarks is that they have to be distinctive, and that nobody can register a trademark on a generic term like "wine" or "plastic." In a case decided today by the U.S. Supreme Court, the court decided 8-1 that online travel agent Booking.com could register its domain name as a trademark. In this case, I think the majority got it wrong, and Justice Breyer's lone dissent is correct. more
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. ยง 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
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
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
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
The .ORG domain is at a crossroads: What will it be? A simple registry offering domain names for organizations, individuals and others? Or something bigger, as Ethos Capital and the Public Internet Registry propose? Will proposed changes make .ORG better? Or worse? There are valid points on both sides, but as an Internet safety advocate who for two decades has worked to teach children how to be safe online, stop the next young girl from being sex trafficked, and... more
In the final of my three-part post series about how to protect your trademark against misuse, I will focus on proactive searching and policing and the benefits these can provide to brand owners. ... Proactive searching and policing of your brand is a prudent step in making sure your name is protectable. This is an advisable first step in naming a product or service. 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 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
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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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