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Navigation Catalyst Systems (NCS) has settled the well publicized cybersquatting lawsuit brought against it by Verizon. The terms of the settlement are simple and straight forward, amounting to little more than an agreement by NCS to no longer register domains similar to Verizon's trademarks again. No money was apparently paid by NCS as part of the resolution. more
The MOU between the Department of Commerce and ICANN includes a series of specific milestones that the corporation is required to accomplish by certain specified dates. One of the specific requirements placed on ICANN by the agency is to define "a predictable strategy for selecting new TLDs using straightforward, transparent, and objective procedures that preserve the stability of the Internet...." The MOU goes on to state that "(strategy development to be completed by September 30, 2004 and implementation to commence by December 31, 2004)." more
When I came out of the Verisign Product Round-Table at the ICANN Meeting it became clearer to me why I sometimes feel that registries were dangerous things to put in the hands of a for-profit corporation. Here in Canada the .CA namespace is regarded as a "Key Public Resource", thus the registry is administered by a non-profit corporation. The monopoly over the root (which is what it is) is treated very carefully, almost with a "necessary evil" mentality, which if done properly cultivates private enterprise and competition at the registrar level, where it should be. more
Having eBay has worked out pretty well for the world at large; now it's time for the world of domain names to start using it. We need to throw away the jumble of different auctions and dealer sites. Speculators may not like having their haunts cleaned out, but corporate (end-user) buyers and investors will welcome the chance to deal with one centralized auction mechanism with one set of rules. more
This article discusses grassroots progress toward the development of a "Domain Registrant's Code of Rights and Responsibilities." This Code is an effort to create a balanced combination of the rights that domain name registrants should enjoy and the responsibilities that domain name registrants should fulfill. Discussion and survey results concerning this Code at domain-related forums show far greater grassroots consensus than one might think between what might be called the "domainer" and "intellectual property" communities. Informal surveys at some domain-related forums show very strong support in favor of this Code. 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
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
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
New Zealand's Domain Name Commission today won a motion for preliminary injunction in a US lawsuit against the company DomainTools. more
According to the draft of new Generic Top-level Domains (gTLD) contracts for Section 7.3, "Price controls have been removed for 2008 in favor of the transparent pricing model outlined above." Section 3.2.b) of the .com registry agreement states: "ICANN shall not apply standards, policies, procedures or practices arbitrarily, unjustifiably, or inequitably and shall not single out Registry Operator for disparate treatment unless justified by substantial and reasonable cause." In my opinion, VeriSign (and other existing gTLD operators) are almost being invited to ask for their contracts to be amended... more
The ability to rank results according to the level of threat they pose (based on factors such as, for example, the extent to which a webpage relates to a brand of interest) is a key component of many brand protection services. The prioritisation process has a number of purposes, including the identification of: (a) priority targets for further analysis; (b) candidates for content tracking (i.e. regular reinspection of content or configuration, and the generation of an alert if high-concern findings are identified) - as may be appropriate in cases where a domain name presents a high potential level of risk but is not currently associated with any live site content; and (c) priority targets for enforcement actions. more
On December 14, 2021, Dot Hip Hop, LLC (DHH) filed an Urgent Reconsideration Request following ICANN staff inaction (for its over four-month delay) of its Assignment Request for the .hiphop Registry Agreement. Not only did the ICANN Board Accountability Mechanisms Committee (BAMC) decide against considering the Reconsideration Request on an urgent basis, but on its last day of business for 2021, ICANN Org decided to retaliate against DHH for filing the Reconsideration Request in the first place ... 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
Verisign recently informed ICANN that it had received a letter from the National Institute for Standards and Technology (NIST), an agency of the U.S. Department of Commerce, regarding the proposed auction of o.com described in the Second Amendment to the .com Registry Agreement agreed to by ICANN and Verisign in March 2019. This letter, which doesn't appear to be on official letterhead, is from a NIST Grants Officer and purports to overturn a letter raising objections to the auction... 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
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