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Over three-quarters of the more than 55,000 UDRP cases decided since 1999 have been undefended. Requiring adequate evidentiary support of the complainant's allegations in disputes where the respondent has not filed a response, is therefore critical for producing just outcomes under the UDRP. While most UDRP disputes involve clear cybersquats that are indefensible, a significant number involve domain names that are not clearly cybersquats... more
An initial review of ICANN's response to litigation seeking it to turn over control of the ccTLDs of Iran, Syria and North Korea led to the conclusion that it had opened a "legal can of worms". A few more just wriggled out, and they threaten the basic assumption that underlies the U.S. statute governing cybersquatting and the practices engaged in by Federal officials seizing domain names engaged in intellectual property infringement. more
There is an intrinsic value proposition to new gTLDs. They mean to give users fresh naming possibilities and provide more meaningful Internet addresses. And to do so at much reduced prices. Reduced prices? Really? This is where eyebrows start being raised. How so? Well before the advent of new gTLDs, few suffixes offered any real ability to differentiate. Users thus looked to the second level, not the top level, for a way to get their web addresses to stand out from the crowd. So began a vicious circle of value going to the limited number of meaningful second level names since at TLD level, the only string with any real equity was .COM. more
ICANN has released temporary specifications for gTLD registration data in order to establish temporary requirements needed for the organization and gTLD registry operators to continue to comply with existing ICANN contractual requirements and community-developed policies. more
Patrick Neighly reports on CommsDay about the Pacific Telecommunications Council 2009 Conference held last week where Vint Cerf was a keynote speaker. From the report: "Historians will view 2009 as a turning point in Internet history, according to Google internet evangelist Vint Cerf. Speaking to PTC'09 attendees, the legendary figure warned the industry to brace for 'significant change' and said Asia was poised to forever change the look and experience of the online landscape. The region boasts 578.5 million surfers with nearly 85% of its population still to come. That influx is likely to combine with the launch of non-Latin-character addresses to reshape the Web into a very different beast." more
It seems that pigs can, after all, fly. From the start of its new gTLD program, ICANN ignored what was obvious to pretty much everyone else: corporations might wish to apply for their brands and run them as closed ecosystem TLDs servicing only the brands in question. No longer. By releasing a proposed addendum to its registry contract, called Specification 13, ICANN has done two things it has always said it would never do: acknowledged that "brand TLDs" should be considered in the new gTLD program, and created a new category of TLD for this specific class of application. more
In rem actions over domain names are powerful tools. A trademark owner can undertake these actions when it identifies an infringing domain name but cannot locate the owner of that domain name. In a sense, the domain name itself is the defendant. The Anticybersquatting Consumer Protection Act (which is a part of the federal trademark statute dealing with the unauthorized registration of domain names) says that a court can enter ex parte orders requiring a domain name to be turned over when... more
At Friday's board meeting, ICANN once again narrowly approved the contentious .XXX domain intended for pornography. What this vote primarily shows is that ICANN's processes have been broken for a long time, and aren't getting fixed. Two board members made thoughtful and eloquent statements before the vote outlining the reasons they were about to vote for or against the domain. more
New Zealand's Domain Name Commission today won a motion for preliminary injunction in a US lawsuit against the company DomainTools. more
Websites associated with the upcoming referendum in Catalonia are being blocked by ISPs in Spain. While several of the domain names used by advocates of the Catalan referendum have been seized by authorities others are being blocked by the ISPs in Spain. For those of us outside Spain the blocking has zero impact on us, so we can see the sites without any issue, but for users in Catalonia, ISPs are blocking access. more
CAUCE, the Coalition Against Unsolicited Commercial Email, has looked back at the notable events of the last decade in our industry. Each year/link in the post explodes to a discrete blog entry with a month-by-month break-out of notable events. more
I like the drift of the Pulver/Evslin proposal on emergency communications, and wish there was as vigorous a debate going on over here. I just hope we in the UK aren't jerked out of complacency by some major disaster -- although widespread use of pre-paid cellular means the problem of sunken landlines isn't as acute. Yet I can't help but wonder why the poor public has to wait for a disaster before they're given partial control over how their number maps to different destinations and services. Why can't I get a voicemail service from someone other than my connectivity provider? Why is ENUM hostage to the telcos, whose interest lies in ensuring that new services can only come from them? more
Acquiring domain names for the purpose of selling them to complainants is the second most heavily invoked of the four circumstances that are evidence of abusive registration. Because no self-respecting domain name reseller will ever admit to acquiring domain names "primarily for the purpose" of selling them to complainants "for valuable consideration in excess of [their] documented out-of-pocket costs directly related to the domain name" evidence of bad faith is typically deduced by other factors. more
Imagine if, every time you wanted to visit a website, you were expected to type in letters from a foreign language, or worse, an entirely foreign script, such as Arabic, Cyrillic, or Chinese. For more than a billion people, this is how they experience the Internet today. The Internet was designed to be global, but it was not designed to be multilingual. For decades, this limitation was most evident in website and email addresses, which permitted only a small set of Latin characters. more
The majority of private Internet users in Germany favour the increased usage of local domain endings as in .city or .region in the future because the more memorable names will help them to better find the information that they are looking for. That is the core result of a representative survey that was commissioned by eco Verband der deutschen Internetwirtschaft and conducted by the market research company eResult at the beginning of October. eco is the registered association of German Internet enterprises... more
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