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In an article published over two years ago, I cited a disturbing trend of third parties seeking to obtain national trademark registrations in an apparent attempt to game ICANN's new gTLD process. While many of these applications have withered and died on the vine some have sneaked through. However, it appears that the United States Trademark Trial and Appeal Board (TTAB) has issued a very well-reasoned and articulate opinion... more
Attention so far has been focusing on the ethics of the move (positively satanic), its effects on DNS and non-Web applications (Considered Harmful), and on possible technical responses (Software Aimed at Blocking VeriSign's Search Program). On the legal side of the fence, though, we're not just talking about a can of worms. We're talking about an oil drum of Arcturan Flesh-Eating Tapeworms. more
While we are spending years figuring out how to create the perfect generic Top-Level Domain (gTLD) launch and guidebook, the Internet is moving along at an extraordinary pace without any care about ICANN policy-making. The fact of the matter is ICANN is a ghost to the ordinary person or Internet company. You can not imagine how many times I had to explain what ICANN is, what ICANN does and why ICANN is important. more
It was standing-room-only at the Congressional Trademark Caucus session in the Rayburn House Office Building in Washington, D.C. on Wednesday, April 6. The topic, brand protection in the new top level internet domain names, is still, it seems, a draw. With nearly two years' experience and statistical evidence of far fewer problems at far lower costs to brand owners than opponents of the program said would occur, it might be expected that the tone would cool. But the price of peace, I guess, remains eternal vigilance. more
As the second Internet Governance Forum approaches, it is an appropriate moment to take stock of how the Internet Governance dialogue has evolved since the conclusion of the WSIS Summit in 2005. One year after the first IGF in Athens, it is clear that government, industry and civil society stakeholders are still grappling over the direction and focus of the IGF... There is little doubt that some governments will choose to borrow concepts from the IGF when developing law and policy and will ultimately apply them to the Internet within their respective jurisdictions. Given the global nature of the Internet, this should be a fundamental concern. While this important dialogue about the Internet continues at the IGF in Brazil next month, another no less important debate is emerging with regard to RFID technology and the so-called "Internet of Things." The Internet of Things is a term coined to describe a future ubiquitous sensor network that collects commercial and personal data in public and private settings created, in part, through the rollout of RFID technology... more
Domain Names composed of generic terms and combinations – dictionary words, random letters, and short strings – have achieved ascending values in the secondary market. DNJournal.com (Ron Jackson) reports on his year to date chart, for example (just a random sampling from the charts) in August 2019 joyride.com was sold for $300,000, in June voice.com sold for $30 million, in July rx.com sold for $1 million, and in January california.com sold for $3 million... The magnitude of the reported sales suggests that businesses have come to depend on resellers than go to the trouble of inventing brand names from scratch. more
New Zealand's Domain Name Commission today won a motion for preliminary injunction in a US lawsuit against the company DomainTools. more
The Internet Corporation for Assigned Names and Numbers (ICANN) concluded its Montreal meeting with a landmark agreement that cements the relationship between ICANN and the worldwide community of country-code top-level domain registries. "Today's agreement represents both a historic achievement for the ICANN process, and a powerful vote of confidence in the newly reformed ICANN 2.0," said Paul Twomey, ICANN's president and CEO.
Finalizing four years of dialogue and negotiation, the creation of the Country-Code Names Supporting Organization (ccNSO) heralds a new era of cooperative and productive relations among ICANN and the country-code domain registries. The structure and rules for ICANN's new ccNSO were endorsed by domain registry organizations and individual managers representing every region and populated continent. "Today's agreement is a testament to how ICANN is seen as a forum the international Top Level Domain administrators can come together and jointly address issues," said Twomey. more
One of the most intense natural disasters in American history occurred last week...You may wish to donate or get involved with hurricane Harvey relief to help the afflicted. That's great, but as we all know, we should be wary of who we connect with online... The FTC warned last week that there are many active relief scams in progress and noted that there always seems to be a spike in registration of bogus domains. more
Clearly whatever it is that Dutch politician Geert Wilders wants to talk about in his film is going to be the end of the internet. The news that Network Solutions decided to pre-empt his use of a domain name registered through them for the purpose of promoting his film need not be re-hashed here. However, before bemoaning yet another registrar freely deciding, as is its right, with whom it chooses to do business, it's important to look at the big picture. No, it is not "censorship" for Network Solutions to decide how it wants its services to be used... But, perhaps we might understand Network Solutions policy more clearly by looking at domain names registered through NSI... 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
I think we are all hoping that when ICANN meets with the DPAs (Digital Protection Authorities) a clear path forward will be illuminated. We are all hoping that the DPAs will provide definitive guidance regarding ICANN's interim model and that some special allowance will be made so that registrars and registries are provided with additional time to implement a GDPR-compliant WHOIS solution. more
There are two essential differences between the Uniform Dispute Resolution Policy (UDRP) and the Anti-Cybersquatting Consumer Protection Act (ACPA), one procedural and one substantive. The procedural difference is quite minor, a mere quirk that Panels adopted by consensus in the early days of the UDRP and deserves no more than a footnote. Under the UDRP, complainants have standing on proof that they have trademark rights when they file their complaints... more
In a series of recent blog posts I've described the technical challenges in registration operations, a proposal for an industry association, and announced an interactive workshop to explore association formation. This is an update on where things stand with the workshop. The first Registration Operations Association Workshop is scheduled for Thursday, 16 October 2014 in the Pacific Palisades room at the Los Angeles Hyatt Regency Century Plaza hotel, the same venue being used for ICANN 51. more
As folks will recall, there was a big debate about tiered/differential pricing in the .biz/info/org contracts. Eventually those contracts were amended to prevent that. However, if folks read the .XXX proposed contractv [PDF], Appendix S, Part 2, under "delegated authority" (page 66 of the PDF), appears to give the Registry Operator total control to make policy regarding pricing. Thus, it would appear they are in a position to re-price domains that later become successful... more
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