Domain Names

In Rem Domain Name Proceeding: Sometimes “may” Means “must”

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

Google Buys VeriSign (not really)

No that's not really happening, Google is not buying VeriSign. But given Google's ravenous appetite for data, it might find VeriSign quite attractive. VeriSign has both root domain name servers and servers for the .com and .net top level domains (TLDs). VeriSign could data mine the queries coming into those servers and produce a very valuable real-time stream of what users on the net are doing... Google just bought Postini -- and one would have to be fairly naive to believe that Google does not intend to dredge through all... more

SEO Secrets of Keyword-Relevant Domain Extensions

The Domain Name Association (DNA) recently commissioned Web Traffic Advisors, with supporting analysis from Kevin Rowe of Rowe Digital, to do an independent study, Hidden Advantages of Relevant Domain Names, to answer the following question: Can domain name extensions, especially meaningful or relevant domain name extensions (e.g. .Club, .Online, .Rocks, .Today), have the same opportunity as traditional or more generic ones (e.g. traditional .Biz, .Com, .Info, .Org)? more

Morgan Freeman Wins Transfer of morganfreeman.com from Cybersquatter

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

Internet Governance and Diplomacy

Developments in modern international relations have shown that traditional diplomacy is not capable of sufficiently addressing complex new issues, for example, the environment, health protection, and trade. Governance of the Information Society and the Internet is probably one of the most complex international issues facing diplomacy today. Issues surrounding the Information Society require a multi-disciplinary approach (the various concerns include technology, economy, impact on society, regulatory and legal issues, governance and more); a multi-stakeholder approach (various actors are involved, including states, international organizations, civil society, private sector, and others) and a multi-level approach (decision-making must take place on different levels: local, national, regional and global). Diplo has developed a research methodology which takes all of these approaches into account. Post includes illustration from Diplo Calendar 2004. more

Remarkable Internet History: Equifax Invented .COM in 1975

Once in a while, one comes across a new take on history that challenges everything you thought you knew. If you're the type who engages in bar bets with geeks, then this one is a certain gem. In 2001, Equifax submitted to the USPTO a sworn application to register a curious trademark, which eventually issued in 2004 with this data... Aside from the fact that Equifax has never actually held registration of the domain name efx.com, the truly outstanding fact here is that Equifax and/or its attorney has actually sworn to the United States Government that it was using "EFX.COM" as a mark for the provision of providing educational seminars via the internet since February 1975... Until now, I had imagined that Jon Postel added .com to the root in 1985. more

Who Should Bear Domain Name Risk?

Domain owners are bearing tremendous risk that someone else is better equipped to absorb. In this post, I outline the motivation of risk ownership, the sources of risk associated with owning a domain name, and the ways by which some of these risks have been transferred to institutions that are better equipped to handle them. I close by pointing out that we would be better served by having a trademark risk-management entity. more

ICANN Board: You Got It Right. Then You Got It Wrong. Now, Get It Right Again.

The ICANN Board has itself in a pretty pickle. The Governmental Advisory Committee (GAC) Consultancy with the Board in Brussels was an apparent non-starter. After hundreds of man-hours' worth of comments provided by the Intellectual Property Constituency (IPC), the Board continues to claim that it lacks sufficient information on trademark issues in order to respond to concerns. more

Consumer Trust? Not at ICANN Compliance

Every person and every entity must have a philosophy if they are to be successful. Consumer trust is one of the key issues at the heart of keeping the Internet open as well as prosperous. The ICANN Affirmation of Commitments was signed in 2009 and has been the guiding principle for ICANN's activities going forward. The title of section 9.3 is Promoting competition, consumer trust, and consumer choice. This section is in essence the embodiment of the commitment of ICANN. more

The Digital Marketing & gTLD Strategy Congress Announces Keynote, Speakers, Initial Partnerships

The Digital Marketing & gTLD Strategy Congress has made the following announcement for the keynote, speakers, initial sponsors, partners and dates for the inaugural event taking place March 11 & 12, 2013 in New York City. more

Domain Name Abuse Is a 4 Letter Word

There has been a lot of back and forth recently in the ICANN world on what constitutes domain abuse; how it should be identified and reported AND how it should be addressed. On one side of the camp, we have people advocating for taking down a domain that has any hint of misbehaviour about it, and on the other side we have those that still feel Registries and Registrars have no responsibility towards a clean domain space. (Although that side of the camp is in steady decline and moving toward the middle ground). more

Questioning the Illusion of Internet Governance

I confess, I don't get it. Much has been written about the apparent desire by the United Nations, spurred by China, Cuba, and other informationally repressive regimes, to "take control of the Internet." Oddly, the concrete focus of this battle -- now the topic of a Senate resolution! -- is a comparatively trivial if basic part of Net architecture: the domain name system. The spotlight on domain name management is largely a combination of historical accident and the unfortunate assignment of country code domains like .uk and .eu, geographically-grounded codes that give the illusion of government outposts and control in cyberspace. more

The ‘Millennium Problems’ in Brand Protection

As the brand protection industry approaches a quarter of a century in age, following the founding of pioneers Envisional and MarkMonitor in 1999, I present an overview of some of the main outstanding issues which are frequently unaddressed or are generally only partially solved by brand protection service providers. I term these the 'Millennium Problems' in reference to the set of unsolved mathematical problems published in 2000 by the Clay Mathematics Institute, and for which significant prizes were offered for solutions. more

Engineers on TLDs: Do You Want Me With Fries?

During ICANN's public forum in Cape Town, an interesting conflict accidentally came up, even if somewhat concealed by the usual exchange of well-known views on whether ICANN should finally allow the world to get more new Top Level Domains (TLDs) on a regular basis. I know I am oversimplifying thoughts and positions, but basically the discussion was between a couple of 30-year-old engineers from the floor asking to be given the opportunity to try new things, and a couple of 60-year-old engineers from the podium putting up any kind of unproven excuses... more

Forgotten Principles of Internet Governance

Suddenly internet governance has become a hot topic. Words and phrases fly back and forth but minds rarely meet. We do not have discussion, we have chaos. We are not moving forwards towards a resolution. It's time to step back and review some basic principles. 1. Principle: The internet is here to serve the needs of people (and organizations of people); people are not here to serve the internet. Corollary: If internet technology does not meet the needs of users and organizations than it is technology that should be the first to flex and change. more