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I've said many times that winning a domain name dispute under the Uniform Rapid Suspension System (URS) is much more challenging than under the Uniform Domain Name Dispute Resolution Policy (UDRP). But, that doesn't mean trademark owners should take the UDRP for granted. One complainant learned that lesson an especially hard way -- first by losing a URS determination and then by losing a UDRP decision on the same domain name. more
Domain security is a critical component to help mitigate cyberattacks in the early stages - your first line of defense in your organization's Zero Trust model. According to the Cybersecurity and Infrastructure Security Agency (CISA), most cyberattacks - including ransomware and business email compromise (BEC) - begin with phishing. Although losses due to ransomware now exceed billions annually, most ransomware protection and response measures don't adequately address phishing risks in the early stages of an attack because they don't include domain security measures to protect against the most common phishing attacks. more
Domain tasting is a long-established practice involving the short-lived existence of a domain, which is allowed to lapse a few days after its initial registration. The practice arose in response to an Internet Corporation for Assigned Names and Numbers (ICANN) policy allowing a domain to be cancelled -- with all fees refunded -- within a five-day grace period, intended to address the issue of accidental registrations1. However, the practice is open to abuse by infringers. more
Experts at a CircleID and Edgemoor Research Institute webinar debated the challenges of domain registration data access in a post-GDPR world. Panelists explored the tension between privacy laws and legitimate data requests, the role of automation in disclosure decisions, and the need for a scalable, trust-based framework to balance compliance, cybersecurity, and enforcement interests. 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
Once you've determined that you can trust the signer of a message, as we discussed in part 3, it's easy to extrapolate that various portions of the message are equally trustworthy. For example, when there's a valid DKIM signature, we might assume that the From: header isn't spoofed. But in reality, DKIM only tells us two basic things... more
eco, which is the largest internet industry association in Europe, is holding a virtual meeting later this month to discuss Brexit. The meeting, which is scheduled for July 27th at 1200 UTC, will be the first of several dialogues among industry to discuss the potential impact of the UK's exit from the EU on the domain name industry. As I mentioned in a recent post, the exit of the UK from the EU has an "unknown" impact on how domain name registries and registrars will interact with UK based registrants. more
A company that registers a domain name containing someone else's trademark may be engaging in the acceptable practice of "defensive registration" if (among other things) the domain name is a typographical variation of the registrant's own trademark. That's the outcome of a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP), a case in which the domain name in dispute, idocler.com, contained the complainant's DOCLER trademark -- but also contained a typo of the respondent's DOLCER trademark. more
There are some surefire ways to get channel engagement and drive registrations, but doing what everyone else is doing is not going to cut it in the world of new TLDs. Successful Registrar engagement requires an investment of time far in advance of what some Registry Operators appear to be expecting, both in terms of ongoing relationship management as well as continually providing tools which make it easier for Registrars to sell your extension over other TLDs. more
The second installment in my four-part series on New gTLD objections will focus on the limited public interest ("LPI") variety. The overarching theme however is essentially the same: new gTLD objections are generally more complicated (and costly) than UDRP actions and need to be approached with care. In fact, LPI represents one of the best examples of the tough climb that would-be objectors are likely to face. Understanding exactly what is required beforehand - and whether or not you can deliver - is absolutely critical. more
Recent study indicates that US continues to widen its lead as the number one country when it comes to hosting phishing sites. According to the latest Brandjacking Index just released by MarkMonitor, US-hosted phishing sites grew by ten percent from last quarter -- up from 36 percent to 46 percent. Canada is now at second position with 4.7 percent of all phishing attacks, followed by the Russian Federation (4.5 percent), France (4 percent), and Denmark (4 percent). more
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
In early March 2020, a well-known European fashion brand found themselves on the receiving end of a protest campaign on social media. The background to the case was the fact that, in 2019, the brand had launched a cease and desist (C&D) action against a small, U.K.-based company in response to their use of similar product names and sale of associated clothing merchandise. more
Afnic, the association that manages and operates various TLDs including the .fr, has published its report on the global domain name market in 2019. The report highlights a slight upturn in the market, which has generally continued the growth initiated in 2018. Thus, the global domain name market accounted for approximately 346 million domain names at the end of December 2019, up 4.7% compared to 4.0% in 2018. more
The talk ranges from new gTLD introductions, the role of ccTLDs in the new landscape, the relationships between registries and registrars, and some predictions for the future. more
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