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This is an open letter to the United States House Subcommittee on Intellectual Property and the Internet regarding the Oversight Hearing on new Top-Level Domains to be held on Wednesday 4 May. The intention of the open letter is to highlight the imbalance of intellectual property interests on the panel and to ensure the Subcommittee is presented with some balanced facts and benefits of the new Top-Level Domain program. more
I want to call your attention to a very important Internet free speech decision, perhaps the most significant of our domain name cases from the past several years. In Lamparello v. Falwell, the United States Court of Appeals for the Fourth Circuit held today that the use of the domain name www.fallwell.com for a web site devoted to denouncing the views of Rev. Jerry Falwell about homosexuality neither infringes Falwell's trademark in his name nor constitutes "cybersquatting." more
One of the most frequently asked question when it comes to the discussion about a city top-level domain ".city" (such as .london, .berlin or .nyc) is what .city means to the already established official city portal (such as London.gov.uk, Berlin.de, NYC.gov or in general City.com). This article contributes to the most important topics in this discussion... The choices at the top-level available to individuals, companies and regional communities is today limited to country codes (such as .de or .fr) and a very few generic endings (such as .com or .info). Individuals and companies in cities can't really identify with Internet addressing and look for ways to circumvent it. For instance, the term "hamburg" is already used in about 50,000 domains such as www.habour-hamburg.de demonstrably showing that they belong to the Hamburg community. The synonym "nyc" can be found in almost 300,000 domains... more
The year 2010 is turning out to be the "year of DNSSEC" from Registry implementations, Registrar implementations, ISP support, to the Root being signed this summer. Because we are dealing with such critical infrastructure, it is important to not lose sight of careful implementations. more
One issue that a large number of domainers agree on is that domain tasting under the current ICANN-approved policy is bad for the industry. For one thing, a healthy portion of the practice involves trademark use that not only is illegal but also destroys value. Of course, particular segments of the domain name ecosystem can suffer value destruction because of tasting that doesn't infringe trademarks. But most criticism is directed, and rightly so, at tasting that raises trademark issues. Litigation over the trademark issues has done little to stop the practice and destroys value for trademark holders and domainers alike... more
The purpose of the Uniform Dispute Resolution Policy, known as the UDRP (hereafter the "Policy"), is to determine disputes relating to the registration or acquisition of domain names in bad faith. To succeed in a UDRP action (i.e. to obtain cancellation or transfer of the disputed domain name) it is necessary for the party bringing the complaint (the complainant) to show that (i) the disputed domain name is identical with or confusingly similar to a trademark or service mark in which the complainant has rights; (ii) the domain name holder (known as the respondent) has no right or legitimate interest in respect of the domain name; and (iii) the domain name was registered and is being used in bad faith. Each of the aforesaid three elements must be proved by the complainant to warrant relief.
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Domain names are registered by the thousands every day. In July 2021, 236,336 domains were newly registered daily on average across all top-level domains (TLDs). Tens of thousands were also newly expired. Other months could be just as busy. "Newly registered" and "newly expired." Those are two terms I often get questions about. Newly registered domains are domains that someone just reserved, typically through a registrar or web hosting company. Newly expired domains, meanwhile, are those domains that someone had reserved but decided to let go for one reason or another. more
The first part of this article offered background examination on why Uniform Dispute Resolution Policy (UDRP) fails to apply to domain name renewals. Here, in the second part of this two part series, we will examine UDRP further by reviewing cases involving the renewal of domain name registrations. more
Well, it's that time of year again. The time of year when I look back at all of the biggest domain news stories from the last twelve months, and also reflect on my predictions from last year. As expected, GDPR has had a major impact on the ability to access domain ownership information. And we did indeed see a number of M&A transactions over this last year. However, there wasn't a lot of new .Brand activity. This is one prediction where I may have missed the mark... more
Recently there have been a number of news reports/articles that are incorrect or misleading in interpreting China's domain name management policy. James has posted an article aiming to clarify what is going to in China's domain name market. Considering the potential negative impact of those reports on the participants of this market, I supplement James's post by pointing out three things, which I believe critical for any TLD registries that hope to have a better understand of China's domain name regulation and the special action based on it. more
In a recent interviewed with Roger Collins, president of ProProject and the new owner of Afternic.com, CircleID investigates the logics behind ProProject's strong belief in the domain name secondary market. Once known as a primary domain name auction site, Register.com had purchased Afteric.com in the September of 2000 for $48 million in cash and stock -- 2 years later the site was shut down as money-losing unit until ProProject came along. more
While Panels under the UDRP and judges under the ACPA draw upon a similar body of principles in determining infringement -- both mechanisms, after all, are crafted to combat cybersquatting -- and though arbitration panels and judges undoubtedly view alleged tortious wrongdoing by abusive registrations of domain names through similar lenses and apply laws that may be outwardly similar, each protective mechanism has developed its own distinct and separate jurisprudence. more
From the perspective of the domain name industry, 2018 was strongly influenced by, among other things, the EU General Data Protection Regulation (GDPR), the Temporary Specification and especially the Expedited Policy Development Process (EPDP). For the Contracted Parties House (CPH) TechOps Group, one year after its foundation, it was a very exciting and intensive time. This initiative was created to tackle technical and operational needs and challenges plus ideally to create best practices. more
Every day, there are tens of thousands of domain names registered across the globe -- often as a key first step in creating a unique online presence. Making that experience possible for Verisign-operated top-level domains (TLDs) like .com and .net is a powerful and flexible technology platform first introduced 25 years ago. more
So my prediction from last year that "ICANN will open the new gTLD application period without any glitches" could not have been more wrong. And yes - I actually used the word 'glitches'... Regardless of my crystal-ball gazing skills, it's been another incredibly eventful year, and below are the Top 10 Domain Stories from 2012. more
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