Domain Names

Stopping the Flow of Online Illegal Pharmaceuticals

Reading through Brian Kreb's blog last week, he has an interesting post up on the White House's call upon the industry on how to formulate a plan to stem the flow of illegal pharmaceuticals...It is unclear to me whether or not the goal of this initiative is to stem the flow of online crime in general or to reduce the flow of illegal pharmaceuticals flowing into the United States (since presumably this cuts into the profits of large pharmaceutical companies... more

Section 3.18 of the 2013 RAA: Reasonable Investigations, Appropriate Responses

Section 3.18 of the ICANN 2013 Registrar Accreditation Agreement (RAA) contains language requiring registrars to investigate and respond to abuse complaints. Nearly one year into the new RAA's effective period, what do we know about Section 3.18? If a person or entity wants to submit a complaint, what should they keep in mind? This article reviews the meaning of Section 3.18, how to leverage it, offers a list of do's and don'ts for complainants, and offers a few recommendations for registrars. more

Domain Enforcement in a Post-GDPR World

The implementation of the General Data Protection Regulation (GDPR), and ICANN's conservative temporary policy, which favors privacy and limits registrar liability, has made domain enforcement against cybersquatters, cyber criminals and infringement more difficult, expensive and slow. With heightened concerns over privacy following high-profile breaches of consumer data and its subsequent illicit use and distribution, there is no question that consumer data protection practices would come under scrutiny. more

1770 Domain Disputes Filed with National Arbitration Forum in 2008, Over 12K Since 1999

The National Arbitration Forum today announced that a total of 1,770 cases were filed in its domain name dispute resolution program in 2008. The National Arbitration Forum, approved by ICANN, provides domain name dispute resolution services under policies like the Uniform Domain Name Dispute Resolution Policy (UDRP). Nearly all 1,770 cases filed (98%) in 2008 involved UDRP domain names, like .com and .org and the rest involved usDRP domain names with the .us extension, according to the announcement... more

Are Domain Names Recession-Proof? Probably Not, Next Question?

I didn't see the Fortune article Are domain names recession proof until the weekend, and being the author of the now infamous Domain aftermarket overdue for an asset repricing last year I feel somewhat obligated to comment on it. So, how will domain names fare in a recession? The Fortune article was upbeat... more

Policy Advisory Boards - A Cornerstone PICS (Public Interest Commitment Specification)

Six months following the April 11th issuance of the Beijing Communique by ICANN's Governmental Advisory Committee (GAC), ICANN continues to wrestle with whether to accept the bulk of the GAC's proposed safeguards for new gTLDs as set forth in Annex 1 of that document. On October 1st ICANN Board Chairman Stephen Crocket sent a letter to GAC Chair Heather Dryden summarizing the results of the September 28th meeting of the New gTLD Program Committee (NGPC) that considered the remaining and still undecided advice received from the GAC. more

ICANN: Our Top 3 Policy Priorities for 2015

2014 was a big year for us and for our clients. The new gTLD program forced us to rethink, reprioritize and implement new and different strategies to protect our brands online. The uncertainty largely behind us, and with more information at our fingertips about just how well (or not) brands are faring in the new environment, it's time to look forward to what we can do in 2015 to fix what's broken, throw away what's useless, fight for what's important... more

Balancing Digital Integrity: CENTR Critiques EU’s Insolvency Proposal

CENTR, the leading body representing European national domain registries, has voiced concerns over the European Union's insolvency proposal. The group emphasizes that the current proposal places an undue strain on country code top-level domain (ccTLD) registries by demanding excessive data about domain name holders. more

Facebook vs. Domain Names: Lessons from Cambridge Analytica

The current revelations about Cambridge Analytica's use of Facebook data illustrate an important drawback to using a Facebook account as your business' online presence: Facebook knows and sells your customers! Millions of companies - especially small companies and start-ups - rely on a Facebook account for their online presence. On the surface, it seems like a great idea... more

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

ICANN Senate Hearing: The Battle Between Intellectual Property and Multistakeholderism

The US Senate Committee on Commerce, Science and Transportation Hearing on ICANN's Expansion of Top Level Domain Names on December 8, 2001 was all about strategy. The strategy was simple: while the world has its attention turned to the debate on the copyright legislative proposals of the Stop Online Piracy Act (SOPA) and the PROTECT IP Act, let's have another ICANN hearing and try to re-open trademark protection for new gTLDs. more

ICANN Can’t Take Care of Everything

Bruce Young tells a story of an Internet user who gets into trouble because "his" domain name was registered in the name of a web hosting provider that went bankrupt later on...As far as registrars are concerned, ICANN is currently doing its homework on domain name portability. As far as web hosting companies are concerned, though, these suggestions only look appealing at first sight. Upon closer inspection, they wouldn't be good policy... more

US Senate Committee Holds Hearing on ICANN’s New TLD Expansion

As previously noted, the U.S. Senate Committee on Commerce, Science, and Transportation today held a full committee hearing on ICANN's expansion of top level domains (TLDs). The hearing was held to examine the merits and implications of the program and ICANN's efforts to address concerns raised. ICANN will begin accepting applications for new TLDs on January 12, 2012. 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

How the Registrar Cash Flow Model Could Collapse with New ICANN gTLDs

New top-level domain applicants are getting plenty of advice nowadays about how to launch their new Registry. In addition to thinking about their branding and distribution, they should also be thinking about their business practices with Registrars. What many of them do not realize is that their cash flow practices, with respect to Registrars, may be a factor of whether ICANN Registrars even support their Registry. more