Domain Names

Challenging UDRP Awards in Federal Court: Recent Outcomes

Challenging UDRP awards in actions under the Anticybersquatting Consumer Protection Act (ACPA) is infrequent though steady. There are currently a number of court filings in U.S. district courts that are in the early stages, most notably the ADO.com case reported on in an earlier essay and several others have either been referred to mediation (the IMI.case) or settled or discontinued. more

Is Booking.com a Generic Term?

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

Apple (Not Surprisingly) is Not a Cybersquatter

It's highly unusual for a well-known trademark owner to be accused of cybersquatting, but that's what happened when a Mexican milk producer filed a complaint against Apple Inc. under the Uniform Domain Name Dispute Resolution Policy (UDRP) in an attempt to get the domain name lala.com. Not only did Apple win the case, but the panel issued a finding of "reverse domain name hijacking" (RDNH) against the company that filed the complaint. more

.ORG and Change

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

Why Domain Security Is Your First Line of Defense to Mitigate Phishing Attacks

According to the Cybersecurity and Infrastructure Security Agency (CISA), most cyberattacks, including ransomware and business email compromise, begin with phishing. Although losses due to ransomware now exceed billions annually, most ransomware protection and response measures don't protect against the most common phishing attacks. Established research shows that phishing attacks most commonly occur from a maliciously registered, confusingly similar domain name, a compromised or hijacked legitimate domain name, or via email header spoofing. more

One Step Closer to an Accountable ICANN

We believe that certain updates in the latest draft that limit the scope of ICANN's Mission, as specified in paragraph 188, could explicitly prevent ICANN from actively enforcing its contracts with Registries and Registrars or use contracts as a tool to implement consensus policies in the future. We suggest in our comments that revised bylaw text be added explicitly stating that the enforcement and creation of ICANN's contracts with Registries and Registrars... more

ISOC-NY Event: dot nyc - How Are We Doing? (Sat Apr 10)

Joly MacFie writes: Last October the NYC Department of Information Technology & Telecommunications (DoITT) issued a request for proposals for "services to obtain, manage, administer, maintain and market the geographic Top Domain name .nyc.". At ICANN's recent 37th meeting in Nairobi, consensus was reached on the "overarching" issue of intellectual property protection. This leaves only the issue of the final (4th) draft of the Applicants Guidebook, expected before the 38th meeting in Brussels in June 2010... more

When ‘Confusing Similarity’ in UDRP Cases Gets Confusing

The first element of the Uniform Domain Name Dispute Resolution Policy (UDRP) requires a complainant to prove that the disputed domain name "is identical or confusingly similar to a trademark or service mark in which the complainant has rights." It's unusual for a complainant to fail on this first of three prongs, but one recent case demonstrates just how uncertain the UDRP can be sometimes. more

A Report on DNS Operations, Analysis, and Research Center (DNS-OARC) 30th Meeting

DNS Operations, Analysis, and Research Center (DNS-OARC) held its 30th meeting in Bangkok on the 12th and 13th May. Here's what attracted my interest from two full days of DNS presentations and conversations, together with a summary of the other material that was presented at this workshop. Some Bad News for DANE (and DNSSEC): For many years the Domain Name X509 certification system, or WebPKI, has been the weak point of Internet security... more

How Should I Present .Brand Domains in Advertising? (Part 1)

Do consumers still get confused when they see a URL without a .com (or other traditional extension)? Probably -- but I don't think anyone really knows the answer to that from a global perspective. What I do know, however, is that it's important for those of us in the new TLD industry to help our brand customers ensure that we're providing audiences with the best possible chance to identify new domains as legitimate web addresses. more

Close to 6 Million Domain Names Registered in Q4 2011, Total Passes 225 Million Worldwide

According to the latest Domain Name Industry Brief from VeriSign, Inc., the fourth quarter of 2011 closed with a base of more than 225 million domain name registrations across all Top-Level Domains (TLDs) -- an increase of 5.9 million domain names, or 2.7 percent over the third quarter. Registrations have grown by more than 20.4 million, or 10 percent, since the fourth quarter of 2010, according to the report. more

Creating, Protecting and Defending Brand Equity - Part 2

In the second of three posts about how brand owners can protect their trademarks from misuse, I will focus on two concepts: the role of "use" and registration in protecting your brand, and domain names -- specifically acquisition and protection. Internet domain names have emerged as a major battleground for brand promotion and protection. While it is easier than ever to register and promote your name on the internet, it is also easier for others to trade on another brand's equity. more

Q&A with Matt Serlin, ICANN’s Expedited Policy Development Process Team Member

Matt Serlin is the former Chair of the ICANN Registrar's Constituency and is currently a member of the Expedited Policy Development Process (EPDP) team on the Temporary Specification for gTLD Registration Data. For the past several months, Matt has met at least 2 times each week with members of EPDP team. As a reminder, the EPDP team is comprised of 31 individuals representing various groups within the ICANN community... more

New Cyberthreats: Have You Been Exposed at Home?

There are new threats that you may have already been exposed to. Here are some of the new threats and advice on how to protect yourself. During this pandemic, Zoom has emerged as a very popular teleconferencing choice for companies and educational institutions, but a new weakness for Zoom was also discovered. Some online conferences and classes that had not password protected their sessions fell victim to eavesdroppers using the screen sharing feature to "Zoom Bomb" those sessions with graphic images. more

How to Suspend a .US Domain Name

Although rarely used, the usTLD Rapid Suspension Dispute Policy (usRS) allows a trademark owner to seek the suspension of a domain name in the .us country-code top-level domain (ccTLD). The usRS has many things in common with the Uniform Rapid Suspension System (URS), which applies to domain names in the new generic top-level domains (gTLD). more