Welcome:
Login
|
Sign Up
|
About CircleID
Follow:
|
|
|
Domain Names |
Sponsored by |
|
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
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
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
Being approved by the Internet Corporation for Assigned Names and Numbers (ICANN) as the owner of a new generic top-level domain (gTLD) extension requires considerable analysis before the application is submitted. You must understand the sources of risk, gauge your risk tolerance, and you must obtain an estimate of the value of your proposed TLD's future revenues (with the effects of potential competitors factored in, a step too many applicants ignore). more
As facts unfold, and the NTIA's decision to take away our privacy comes to light, it is interesting to see the NTIA struggling to explain its decision. Keep in mind that an "as yet to be identified" bureaucrat made this decision to take away your privacy, did it without notice, and without holding hearings. Those affected were not given an opportunity to explain how the loss of privacy would negatively affect them. Quite simply, this is NOT how our government is supposed to work. We should be outraged... 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
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
On Wednesday September 29th at 1PM there will be a meeting in the Old Executive Building in Washington D.C. with Registries and domain Registrars to discuss illegal Internet sales of prescription drugs. ICANN was originally invited but declined because citing "inappropriateness" . One "U.S." Registrar who definitely will not be in attendance is OnlineNIC 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
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
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
I have pointed out in earlier posts that some panelists disapprove of the business of speculating in domain names. There have been a succession of decisions expressing this view beginning with <crew.com> discussed below. Forfeiture has been justified with a mixture of theories. If the offering price is allegedly "excessive" or the domain name is passively held, or the respondent has renewed its registration after the mark is first used in commerce, the panelists find respondents have engaged in unlawful conduct and must forfeit their domain names. 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
The following is a report by Susan Crawford at the ICANN meeting in Cape Town where a workshop was held yesterday for increasing awareness and understanding of United Nation's World Summit on the Information Society (WSIS) and issues that directly impact ICANN. "WSIS" is defined as a process in which governments intend to address a broad range of international legal, regulatory, economic, and policy issues related to the Internet. Some governments have proposed that an intergovernmental organization be responsible for "Internet governance," a phrase that remains undefined and some consider to include and/or mean the administration and coordination of the domain name system (DNS). more
It nearly goes without saying that if ".CA" means and should continue to mean, "Canada", the registration of a .CA domain name ought to involve some tie to Canada. As Canadian Internet Registration Authority ("CIRA") CEO, Byron Holland, aptly put it, "The fundamental requirement of having a Canadian presence in order to get a dot-ca domain name make sense...because it is a country code and there is an assumption that there is some "Canadian-ness". And that is why, in a nutshell, I support a Canadian 'presence requirement' for the registration of .CA domain names. Nevertheless, the question of what constitutes an appropriate 'presence requirement' is an interesting issue... more
A World-Renowned Source for Internet Developments. Serving Since 2002.