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In the recent court decision of CyBerCorp Holding v. Allman case, although the registrant of the domain name 'cybertraderlive.com' did lose the Uniform Domain Name Dispute Resolution Policy (UDRP) case and was found to have acted in bad faith (having been a former customer of complainant), the decision is noteworthy as it finds that registrant's use of proxy service to keep contact information private, in and of itself is not evidence of bad faith... more
A group of leading domain name registries and registrars have joined forces in the fight against abuse in the Domain Name System (DNS), by developing a "Framework to Address Abuse." Each contributing company has shared its expertise and experience mitigating abusive practices with the goal of submitting the resulting Framework as a foundational document for further discussion in the multistakeholder community. more
The UDRP is obviously not working. Two websites, fundamentally the same (criticism at trademark.tld), two opposite decisions, both within weeks of each other! A Complainant (Biocryst Pharmaceuticals Inc) initiated a complaint to WIPO about one of my criticism websites (biocrystpharmaceuticals.com). The Panel found in my favour. Another Complainant (Eastman Chemical Inc) meanwhile made a complaint to NAF regarding another of my criticism websites (eastman-chemical.com). The Panel found against me. The two websites are fundamentally the same, both websites in criticism of the practices of the individual companies concerned... more
Much of the discussion about proposed TLDs centres around domain names as a form of classification: ".mobi" for mobile device content, ".kids" for child-safe content, language codes for language-specific content, ".museum" for museum-related entities, and so on. Notoriously little activity has been forthcoming in actually implementing these proposals, and the select few that have been allowed out into the world are, shall we say, a tad arbitrary. I'd like to engage in a little thought experiment where we abandon the "few TLDs with carefully chosen meanings" paradigm, and instead consider the benefits of a cornucopia of completely meaningless TLDs. more
A third lawsuit has been filed late Friday in a federal district court in California against VeriSign, Inc. over its controversial DNS wildcard redirection service known as SiteFinder. It was filed by the longtime Internet litigator Ira Rothken. In addition, while two other lawsuits have been filed by Go Daddy Software, Inc. and Popular Enterprises, LLC. in Arizona and Florida, this is the first lawsuit to seek class-action status. Here is an excerpt from the "Introduction" section of this class-action lawsuit... more
Moore's law postulates that the number of transistors in an integrated circuit will double every two years. That law has given us smartphones and other devices with astonishingly diverse capabilities at ever lower costs. However, while it does not encompass online brand infringement, many trademark managers feel that their task is likewise expanding at exponential speed and imposing escalating costs. Potential cybersquatting based in the more than one thousand new generic top level domains is only one new source of anxiety. While the jury is still out on the level of harmful cybersquatting and the efficacy of the new Rights Protection Mechanisms (RPMs) for new gTLDs, that ICANN program is hardly the only challenge. more
During its board meeting today in Seoul, South Koria, the ICANN board has approved the Fast Track Process for Internationalized Domain Names which will enable Internet addresses to be completely made up of non-Latin characters -- including Top-Level Domains (TLDs). The process is set to launch next month, November 16, 2009, after which nations and territories can apply for TLDs in their national language to be approved by ICANN. more
Germany-based ICANN-accredited registrar EPAG owned by Tucows has informed ICANN that it plans to stop collecting Whois contact information from its customers as it violates the GDPR rules. more
There has been considerable debate on whether the Internet needs new Top Level Domains. Advertising advocacy groups have objected to the expense of re-investment in online branding. There's a lot of work involved in telling the world .BEYONCE is where you will now find all official Beyonce related information. I'm wondering, why would anyone object to some order being applied to the internet? more
ICANN's latest announcement of preliminary approval for two new top level domains (.mobi and .jobs) and it's recently ended meetings in Cape Town, South Africa, have sparked off renewed discussions for the introduction of new TLDs -- more specifically, the expansion of sponsored and generic top level domains (TLDs). The following is a collection of recent commentaries made by both technical and non-technical members of the community with regards to the expansion of the domain name space. To add your comments to this collection, please use the comment entry form at the bottom of the page... more
Investools, Inc. recently filed an in rem domain name proceeding against a Canadian entity that registered the domain names investtools.com and investtool.com. In rem domain name proceedings are provided for under the Anticybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C. 1125(d), and are a handy way for a trademark owner to acquire a domain name from a cybersquatter when the cybersquatter can't be found e.g., is located outside the U.S. ...The ACPA requires that a plaintiff demonstrate four things to establish in rem jurisdiction over a domain name... more
Today, Irina Bokova, Director-General of UNESCO has released a statement concerning the linguistic diversity on the Internet stating: "UNESCO's experience and the 2012 study of the use of internationalized domain names undertaken with EURid show that the main challenges are technical. Obstacles lie with Internet browsers that do not consistently support non-ASCII characters, with limited e-mail functionality, and with the lack of support of non-ASCII characters in popular applications, websites and mobile devices." more
In my day job I run one of the largest registrars / resellers of IE domains (the IE ccTLD is the domain name for Ireland). In the course of doing that I have spent quite a lot of time becoming accustomed to the rules and regulations that govern both the naming and general registration criteria of IE domains. In some cases I can understand why rules are the way they are, whereas in others I am completely baffled... more
At the Internet Governance Forum in Baku, I made an intervention on behalf of NL IGF, reporting on the recommendations given by the participants of Workshop 87... I concluded that more regulatory and law enforcement bodies need to become part of the IGF discussions, as they are an integral part of governing the Internet from a safety and security perspective. Mr. Cerf responded with a one-liner: "I can't help observing, if we keep the regulatories confused, maybe they will leave us alone". more
Perhaps Morgan Freeman never learned about the high profile domain name disputes involving celebrity names (e.g., Madonna, Bruce Springsteen and Julia Roberts), because he didn't register morganfreeman.com before it was snatched up by Mighty LLC in April 2003. After learning about Mighty LLC's (no stranger to domain name disputes) cybersquatting, Freeman filed a complaint before a WIPO arbitration panel under the Uniform Domain Name Dispute Resolution Policy... more
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