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The resale of genuine products presents particular difficulties in domain name disputes, testing the application of fair use doctrine. Several domain name disputes involving the resale of event tickets illustrate the point. I served as a panelist in one such case The Orange Bowl Committee, Inc. v. Front and Center Tickets, Inc., D2004-0947 (WIPO 2005). The decision, which issued with a dissent, explored fair use in the domain name context and addressed several related ticket resale disputes. more
The basic problem posed by WSIS was the role of national governments and national sovereignty in global Internet governance. That conflict remains completely unresolved by the WSIS document. The document's thinking is still based on the fiction that there is a clear divide between "public policy" and the "day to day operation" of the Internet, and assumes that governments should be fully in control of the policy-setting function. Moreover, new organizational arrangements are being put into place which will carry on that debate for another 5 years, at least. The new Internet Governance Forum is a real victory for the civil society actors, but also fails to resolve the basic issue regarding the role of governments and sovereignty. Although called for and virtually created by civil society actors, the language authorizing its creation asks to involve all stakeholders "in their respective roles." In other words, we still don't know whether this Forum will be based on true peer-peer based interactions among governments, business and civil society, or whether it will reserve special policy making functions to governments. 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
An article in the September issue of Wired explores search spam and the role of .info domain names. The article, titled "Spam + Blogs = Trouble" is a good overview of the problems of search spam, blog spam, and other various forms of web activity designed to take advantage of search engines. (The article will be online September 5, but you can read it on page 104 of the print edition that is available to subscribers now). For those not versed in search spam, it's basically creating multiple websites, typically auto-generated by computers, to get good search rankings and then monetize the resulting search traffic through AdSense or affiliate programs. The article focuses much of its attention to splogs, or auto-generated blogs... more
If you have rules and regulations but don't enforce them then there's little point in having any rules or regulations in the first place. One of the criticisms that is often leveled at ICANN is with regard to compliance issues. There are a number of areas where ICANN accredited registrars may be flounting the rules, but if nobody does anything about it then none of the registrars will have any incentive to actually comply. more
Domainer litigation is heating up, and this lawsuit may be the most ambitious anti-domainer lawsuit to date. First, it is a putative class action lawsuit. Second, in addition to naming four leading domainer firms, the plaintiffs provocatively go after Google for providing ads to domainer sites. I believe this is the first lawsuit against Google for its domainer relationships. The complaint itself is a 121 page, 638 paragraph (with one paragraph enumerating 47 defined terms), 4.3MB behemoth alleging trademark infringement and dilution, ACPA violations, RICO and other claims. more
In the first article of this two-part blog series, we looked at how frequently domains were used by bad actors for phishing activity across individual top-level domains (TLDs) or domain extensions, using data from CSC's Fraud Protection services, powered by our DomainSecSM platform. In this second article, we analyze multiple datasets to determine the highest-threat TLDs, based on the frequency with which the domains are used egregiously for a range of cybercrimes. more
According to the latest report from The World Intellectual Property Organization (WIPO), trademark owners filed 2,754 cases under the Uniform Domain Name Dispute Resolution Policy (UDRP) with the agency in 2015 - an increase of 4.6 % over the previous year. 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
In the final part of this 3-part series article, the issue of UDRP in proving bad-faith domain registrations that are held passively is examined with respect to the trademark's characteristics. The registrant's attitude could in some circumstances also be regarded as evidence of bad faith use of a domain name that is held passively. Panels often infer evidence of bad faith of the registrant from an unsatisfactory response or an absence of response to the complainant or if it is impossible to contact the respondent. more
News.com published a well-research article on the Chinese Domain Names by Winston Chai: "This approach works fine in the English-savvy world. However, for non-English speakers, they could be faced with the unenviable task of rote-learning numerical IP addresses, which is highly improbable, or the English spellings of dozens of Web sites they want to access." Just a few points of interest... more
As the .brand movement continues to gain momentum across the globe, this week's announcement of yet another high-profile .brand launch was fantastic news for the industry. Japanese powerhouse Canon publicly announced the transition of its global homepage from www.canon.com to www.global.canon and even created a simple, yet powerful image to highlight the innovative move. more
Is it really 2022? Is it? Although many might view 2021 as another "lost" year due to the pandemic, filled with Zoom™ meetings, virtual conferences, working from home and restricted travel - there were a number of notable domain name stories which deserve to be highlighted. So, without further ado, here are the top 10 biggest domain name stories of 2021 - let's go! 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
It's late in the new gTLD day and the program looks to be inching ever closer to the finish line. Yet last minute hiccups seem to be a recurring theme for this ambitious project to expand the Internet namespace far beyond the 300 odd active TLDs in existence today (counting generics and country codes). A drive for growth which is already underway, with 63 gTLD contracts now signed as of mid September... But will those users find themselves at greater risk because of this namespace expansion? That's what several parties have been asking in recent months. more
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