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‘Beyond the Scope’ of the UDRP

Not all domain name disputes are appropriate for resolution under the Uniform Domain Name Dispute Resolution Policy (UDRP). While the UDRP is clearly the "go-to" legal tool for trademark owners pursuing cybersquatters, some disputes are about larger -- or different -- issues than the UDRP was designed to address. As stated in WIPO's Overview: Depending on the facts and circumstances of a particular case, and irrespective of whether the parties may also be engaged in court litigation... more

When to Consider ‘Both Sides of the Dot’ in a Domain Name Dispute

In the case, filed by Michelin, the panel found the domain name 'tyre.plus' confusingly similar to the trademark TYREPLUS. Specifically, the panel wrote: "If one ignores the 'dot' between the Second-Level Domain ('tyre') and the Top-Level Domain ('plus'), the mark and the Domain Name are identical..." It's an issue that's arising with increasing frequency -- just as I had predicted. more

Explaining the Legal Enforceability of the PIC Proposed by Ethos for .ORG

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 Impact of a Pandemic on Cyberattacks and Business Continuity Plans

A new survey of security and IT leaders by csoonline.com sheds light on how organizations across industries are dealing with the COVID-19 crisis, how prepared they were when the pandemic first hit, how vulnerable they are, and what the long-term impact on companies may be. Unsurprisingly, the survey found there has been an increased number of employees working from home. more

An Internet Infrastructure Perspective on AI Service Provision

This study analyzes the differences in domain name and IP address strategies among a number of current mainstream artificial intelligence (AI) service providers. We find that these technical choices not only reflect deployment decisions but also deep-seated corporate knowledge and capabilities in Internet infrastructure service provision, as well as brand positioning and market strategies. more

Will Legacy TLDs Have a Long Legacy?

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

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

GDPR Your Domains For Sale? How to Keep Your Domain Name Lottery Ticket Alive

Have you ever sold a domain name that was just sitting in your registrar account? Maybe it was for that idea you had, but never found the time to develop. Perhaps it was for a business or website you once ran and then let go by the wayside. Then one day, out of the blue, that dormant domain turned into a winning lottery ticket. You got a random call or email from an interested party and the next thing you know that domain (which you've forgotten why you even renew it each year) is sold for $3,000 or $30,000 or more. more

iBreakfast New gTLD Conference in NYC Wed Aug 3rd

Joly MacFie writes to report: "iBreakfast is presenting About the 'Domain' Conference: The Era of New TLDs, this Wednesday Aug 3 2011 at Herrick, Feinstein LLC in NYC. Wendy Seltzer, Esther Dyson, and Annalisa Roger, representatives of dotgay, .berlin, .xxx, plus major registries are among the participants who will discuss how the Internet will be impacted by the coming new TLD rollout." more

U.S. National Cybersecurity Strategy and Its Impact on Domain Security

Last month, the U.S. National Cybersecurity Strategy was launched, providing a new roadmap for stronger collaboration between those operating within the digital ecosystem. The strategy calls on software makers and American industry to take far greater responsibility to assure that their systems cannot be hacked while accelerating efforts by the Federal Bureau of Investigation and the Defense Department to disrupt the activities of hackers and ransomware groups around the world. more

Why Cancel a Domain Name in a UDRP Case?

While the most common results of a UDRP proceeding are either transfer of a disputed domain name to a complainant or denial (that is, allowing the respondent to retain it), there is another possible outcome: cancellation. I'm always surprised to see a UDRP decision in which a domain name is cancelled. True, many trademark owners don't really want to obtain control of a disputed domain name (and, instead, they simply want to get it taken away from a cybersquatter). more

Searching for Truth in DKIM: Part 5 of 5

Throughout this series of articles we've been talking about DKIM, and what a valid DKIM signature actually means. .. What this means for senders (of any type) is that with DKIM, you’re protected. On the internet, your domain name is a statement of your brand identity – so by signing messages with DKIM, you can finally, irrevocably tie those messages to your brand. more

Domain Name Registrations Reach 220 Million, Close to 5 Million Added in Q3

Nearly five million domain names were added to the Internet in the third quarter of 2011, bringing the total number of registered domain names to nearly 220 million worldwide across all domains, according to the latest Domain Name Industry Brief, published by VeriSign, Inc. more

Unregistered Gems Part 3: Keeping Your -ize on the Prize

The previous two articles in this series have outlined techniques for 'mining' brandable domain names -- that is, domain names of potential interest to entities looking to launch a new brand name and associated website -- from the enormous dataset of unregistered names (determined via zone file analysis). The key element of the identification process is the implementation of filtering techniques to identify... more

We Will Not Raise Prices Unreasonably, Says .ORG Operator

The operator of the .ORG top-level domain, Public Interest Registry (PIR), issued a statement assuring its community of registrants that it "not raise prices unreasonably." Also, it has no specific plans for any price increases. more