Domain Names

Making IDN gTLDs Attractive and Safe

The primary focus of this article is to illustrate that the Applicant Guidebook is not supplying sufficient protection mechanisms, and creates too high financial barrier for those who are interested in applying for multiple Top-Level Domains (TLDs) that are translations/transliterations of each other and/or of an existing generic Top-Level Domains (tt-gTLDs). more

The Death of TLD Front Running

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

Deeply, Deeply Flawed Economic Report and Analysis of New gTLDs Posted by ICANN

The reports and analysis by Dr. Dennis Carlton are deeply, deeply flawed. I will prepare a long rebuttal to it in the coming weeks, but wanted to go on the record early as to its weaknesses. The analysis appears to be based on a very limited review of the market for domain names, and utilizes little actual data. It fails to even consider how nuanced the market for domain names has become, and how registry operators can exploit those nuances, including tiered-pricing... more

Is .SUCKS Pricing Model Gaining Traction With Other Registries?

Until the launch of the New gTLD Program, TLD launches were relatively straightforward. They generally consisted of a Sunrise Period, a Landrush Phase, and then General Availability. We would see the occasional Grandfather Phase or "Founders" program, but all in all, launches were pretty standard and straightforward. Things started to change with the launch of the new gTLD program. more

Using Domain Name Privacy/Proxy Services Lawfully or to Hide Contact Information and Identity

Privacy/proxy services carry no per se stigma of nefarious purpose, although when first introduced circa 2006 there was some skepticism they could enable cybersquatting and panelists expressed different views in weighing the legitimacy for their use. Some Panels found high volume registrants responsible for registering domain-name-incorporating trademarks. Others rejected the distinction between high and low volume as a determining factor. more

Proposal for .sport, a New Top-Level Domain

OK. Now my lawyer has given me the green light, I can officially announce I am working on a proposal for a .sport TLD, to be submitted to ICANN for consideration as a new TLD next year. There is still a long way to go in terms of getting the proposal ready, but I this this one is a winner... more

MarkMonitor Supports Brand Registry Group (BRG) Call for Preliminary Applicant Guidebook

During last week's ICANN71 Virtual Policy Forum, the Brand Registry Group (BRG) held a very informative session about how ICANN can help potential applicants prepare for the next new gTLD round. Speakers during the session provided historical perspective that applicant guidebooks have regularly evolved over time as a result of community review and feedback provided to ICANN, providing concrete examples of how the current applicant guidebook was developed. more

Trademark Holder Not Entitled to Domain Name Registered Years Before

Startups in the process of selecting a company or product name are often frustrated to see that someone else, years ago, registered the .com version of their newly thought-of name. Similarly, companies that have acquired a trademark registration wonder whether they can use their crisp new registration certificate to stomp out someone else who has been using a domain name similar to the company's new mark. A recent case arising under the UDRP shows us that the earlier domain name registration is usually going to be on solid ground against a later-arriving trademark owner. more

Unreasonable ccTLD Registry Price Increases!

It highly concerns me when domain registries controlling a certain Top-Level Domain (TLD) raise the wholesale prices they charge to registrars (domain retailers) without consultation to domain registrants (domain buyers). When this happens, all the registrars will need to pay more to the registry for every domain which they register or renew for a customer. They will in turn raise their prices to cover the additional cost to them. Transferring the domains to a different registrar will not help, as all the registrars for that TLD will be forced to raise prices as they all have to pay more to the registry. Don't think it hasn't happened before? more

IP And The Internet: A Growing Need to Police Online Content

The Internet and corresponding online world have radically expanded the landscape Intellectual Property professionals need to investigate when monitoring for possible infringements of their trademarks, brands and other intangible assets. With few barriers to entry, coupled with the ability to operate anonymously, the Internet has rapidly become a significant target for unscrupulous individuals hoping to take advantage of the easily accessible Intellectual Property assets of legitimate businesses. more

5 Reasons Why Closed Generic New gTLDs Should Be Opposed

I'm on the record multiple times over the last few months for my opinions on "closed generics"... Since then I've sent several letters to ICANN (supported by many others) and have been quoted and referenced in several articles on the subject including Politico.com... If you're not a domain "geek" then the danger of this issue might not be that easy to understand, so here are five reasons why "closed generics" are a really bad idea. more

Proving Common Law Rights Predating Domain Name Registration

The trademark rights required for standing under paragraph 4(a)(i) of the Uniform Dispute Resolution Policy (UDRP) refer to both registered and unregistered rights. Complainants with registered trademarks satisfy the requirement by submitting their certificates of registration. However, and not surprisingly, complainants with unregistered trademarks have to demonstrate that the alleged marks qualify as such, which requires that complainants prove both secondary meaning of the marks and their distinctiveness prior to the registration of the domain name. more

Recovering Domain Names Lost to Fraudulent Transfer

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

The Dark Side of Decentralized Domain Names

Decentralization is exciting. Headline-grabbing, even. After all, in a world where frustration levels are sky-high and rising, it should not come as a shock that many individuals are willing to embrace what we might call "anti-system solutions." Decentralized solutions, in our case, which come with the ambitious promise of providing everything their centralized counterpart can provide but without centralized points of failure and regulations. In our previous article, we enumerated several advantages associated with decentralized domain names. more

Gripe Site Triumphant Over AntiCybersquatting Consumer Protect Act Complaint

Today's case involves the classic alleged scenario of a gripe site which used a Plaintiff's trademark in Defendant's web site domain name -- and whether this might be a violation of the Anti Cybersquatting Consumer Protection Act (ACPA). more