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Ethos CEO Erik Brooks and I are grateful to ICANN for hosting this important community dialogue on the future of PIR and .ORG earlier this week, and we listened intently to the questions posed. To echo what John Jeffrey said in his opening remarks, we are very interested in the community's input. We appreciate the openness and candor that was expressed during the Public Forum, and we would like to take this opportunity to recap a few of the overarching themes and questions asked. more
The gTLD Marketplace Health Index presents statistics and trends related to generic top-level domains. ICANN intends to publish these statistics biannually to track progress against its goal of supporting the evolution of the domain name marketplace to be robust, stable, and trusted. more
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
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
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
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
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
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
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 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
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
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
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
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
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
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