Domain Names

Change of Leadership at ICANN as Cerf Makes Way for Intellectual Property Expert

Intellectual property and computer law barrister Peter Dengate-Thrush has been elected as new Chairman of the Board of the Internet Corporation for Assigned Names and Numbers (ICANN). The former chairman of InternetNZ, the country-code top-level domain (ccTLD) registry for New Zealand (.nz), and cofounder of the Association of Asian Pacific ccTLDs, succeeds the legendary Vinton Cerf... more

Suggestions on IDN Variant Management

To some applicants, ICANN's variant management policy in DAG4 has become a big obstacle to the new generic Top-Level Domain (gTLD) application. The policy is to delegate the string while reserving the variants, and these variants will not be delegated until a sound mechanism is developed and the desired variants are evaluated. But for some languages, Chinese for example, the so called string and its variant, namely simplified Chinese and traditional Chinese, are equivalent and must be simultaneously delegated. more

Multi-Stakeholder Internet Governance Is Captured and Presumed Dead

Technical management of the Internet was delegated to ICANN by the U.S. government because it was believed that the private sector would be more agile and responsive to the needs of globally distributed stakeholders. However, this optimism and the faith it has produced has proven to be misplaced since ICANN's multi-stakeholder governance continues falling far short of the basic expectations set when it was created. more

Reexamining Internet Fragmentation

One of the discussion topics at the recent ICANN 75 meeting was an old favorite of mine, namely the topic of Internet Fragmentation. Here, I'd like to explore this topic in a little more detail and look behind the knee-jerk response of declaiming fragmentation as bad under any and all circumstances. Perhaps there are more subtleties in this topic than simple judgments of good or bad. more

Domaining Europe Returning Home to Valencia, Spain for 10th Anniversary Show Next Spring

The Domaining Europe conference began in Valencia, Spain almost a decade ago and the first seven shows in the annual series were staged at the Hotel Sorolla Palace there. In 2016 conference founder Dietmar Stefitz decided to take the show on the road, staging that year's event in The Hague, Netherlands, followed by the 2017 show in Berlin, Germany this past May. more

It’s Time for a Referendum on Orgxit

The worst thing about Brexit wasn't the referendum. It was the fallout. David Cameron decided that the best way to manage a small risk was to take a big one. Finally, over three agonizing years later, the UK looks set to move on. The Internet Society – which has run the .ORG domain since 2002 – was in the same position as Cameron. They became convinced that it was worth dealing with a small risk by taking a huge one. more

When a Domain Name Dispute is ‘Plan B’

While having a backup plan is usually a good idea, it's often not an effective way to obtain someone else's domain name - at least not when Plan B consists of a company filing a UDRP complaint with the hope of getting a domain name to which it is not entitled and could not acquire via a negotiated purchase. "Plan B" as a derogatory way of describing an attempted domain name acquisition usually arises in the context of a domain name that is not protected by exclusive (or any) trademark rights, or where the complainant clearly could not prevail in a UDRP proceeding. more

A Patchwork Quilt: Abuse Mitigation, the Domain Naming System and Pending Legislation

A few weeks ago, Appdetex published a blog with predictions for 2021, and admittedly, at the date of publication, there were already very clear indications that one prediction was already in flight. In our blog post, we'd said, "With the global domain name system failing to abate abuse, and, in fact, thwarting consumer protection, get ready for a patchwork of local laws targeting attribution and prosecution of bad actors... Get ready for some confusion and turmoil in the world of notice and takedown related to local laws and regulations." more

Enough’s Enough: It’s Time to Set a Deadline for the Next New gTLD Application Window

The ICANN community is currently in full congratulatory mode because the team responsible for the delivery of the Phase 1 Final Report of the Expedited Policy Development Process on gTLD Registry Data (EPDP) has managed to do so in a record-breaking seven months. The GNSO Council approved the Final Report in a special meeting on 4 March 2019, and the report will now be sent to the ICANN Board for consideration and hopefully adoption. more

China’s Draft Rule Targets Domain Name Supervision, Could Limit Access to Foreign Sites

China's government has proposed taking stronger steps towards accessing websites in the country as part of its latest push to set boundaries in the wider Internet. On March 25, the Ministry of Industry and Information Technology (MIIT), which oversees China's internet and telecommunications sectors, released a public draft regulation outlining rules on domain name registrations. more

Afnic Reveals the Results of Its Study of the World’s Domain Name Market in 2018

A new publication of Afnic deals with the overall trends of the Domain Name market in 2018. The publication of ICANN statistics as at the end of last year allows a quantified assessment of 2018, a period of moderate upswing after the "set-down" of 2017. The data on which this study is based come from ICANN reports from information provided by registries in certain frameworks. more

Practical Pointers for Paring Domain Name Portfolios

As we enter the new normal, many legal departments have already begun looking for ways to reduce spend even as they are being asked to register COVID-19 domains. IP maintenance fees for patents, trademarks and domains are a natural place to start. While paring back patent and trademark portfolios can yield some significant savings, it's well-known that most corporate domain name portfolios contain registrations that are no longer needed. more

A New Low for the ICANN Multistakeholder Process

ICANN's dismissal of public comments submitted on the .COM Registry Amendment wasn't surprising given that it recently dismissed the public comments on the .Org Renewal Agreement, but the speed and disdain which it demonstrated was. Despite public pronouncements by ICANN President and CEO, Gören Marby and assurances from ICANN Board Chair, Maarten Botterman, that public comments were welcomed and that ICANN would take them seriously... more

When a ‘Response Fee’ is Required in a URS Case

Although filing fees in domain name disputes are usually paid for by the trademark owner that files a complaint, the Uniform Rapid Suspension System (URS) contains a little-noticed provision that, in large cases, requires the domain name registrant to pay a fee to defend itself. The so-called "Response Fee" is only required in URS cases that include 15 or more disputed domain names. more

Recent Case in Federal Court Shows Inefficiencies of Anticybersquatting Consumer Protection Act

A recent case1 from a federal court in Kentucky shows why the Anticybersquatting Consumer Protection Act (15 U.S.C. 1125(d) - the "ACPA") can be - when compared to the Uniform Domain Name Dispute Resolution Policy ("UDRP") - a relatively inefficient way of resolving a domain name dispute. Here is a quick rundown of the facts. Defendant owned a business directly competitive to plaintiff ServPro. Plaintiff had used its mark and trade dress since the 1960's... more