Domain Names

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

How Hard Is It to Deploy DKIM?

It's coming up on two years since the DomainKeys Identified Mail (DKIM) standard was published. While we're seeing a certain amount of signed mail from Google, Paypal, and ESPs, there's still a long way to go. How hard is it to sign your mail with DKIM? The major hurdle might seem to be getting mail software that can sign outgoing mail. more

IANA Transition Planning Proceeding in Fine Internet Style

Hundreds of individuals from across the Internet community have spent countless hours over the last several months crafting plans for the transition of the stewardship of the IANA functions from NTIA to the global multistakeholder community. The fruits of that labor have become highly evident within the past weeks, as two out of three components of the transition plan obtained the consensus of their communities while the third continued its intensive progress. 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

Brownian Motion And ICANN’s Latest Status Report To The United States

Brownian motion is the ceaseless random movement of particles suspended in a warm fluid. The particles move because they are buffeted by random collisions with molecules and atoms speeding this way and that under the impetus of heat. The greater the heat, the greater the motion. But no matter how much motion and how much heat, Brownian motion brings no progress.

Today I learned from Bret Fausett's ICANN Blog that ICANN has just published its Sixth Status Report Under ICANN/US Government Memorandum of Understanding, dated March 31, 2003. This report is subtitled "Report by ICANN to United States Department of Commerce Re: Progress Toward Objectives of Memorandum of Understanding" (emphasis added.) more

Avoiding an ICANN Monopoly on Policy

With all the focus in the TLD world on the imminent arrival of more than a thousand new TLDs and the still unfinished discussions within ICANN on what policy framework those TLDs will need to follow, it is often forgotten that there are hundreds of other TLD policy frameworks that are mature, stable and well tested. These of course are the ccTLD policy frameworks that have been actively developed over 20 years. more

The “Internet of Things,” the Internet and Internet Governance

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

Searching for the Meaning of “Registers” in the Anticybersquatting Consumer Protection Act (ACPA)

Where outcomes depend on a word’s meaning, the first task is to define it. “Registers” which is one of the keywords in the Anticybersquatting Consumer Protection Act (ACPA), is still in the process of definition. Its statutory context provides that a domain name registrant is liable to the owner of a mark if “it has a bad faith intent to profit from that mark … and (ii) registers, traffics in, or uses a domain name [corresponding to a mark] that … is distinctive at the time of registration of the domain name [and] is identical or confusingly similar to that mark. more

Does gTLD Registration Volume Measure Success?

For some time, the measure of success of a TLD was volume of registrations, or strictly speaking, Domains Under Management (DUMs). Who better than .com to validate the truth of that metric? More recently, this same metric has been applied to new gTLDs, especially those who achieve volume quickly, by whatever means necessary. These gTLDs are fawned over, written about, and effectively set up as the standard for other gTLDs to aspire to. But I'd like to challenge that notion. more

Neglected Domain Renewals Increasingly Scooped Up by Crooks for Credit Card Stealing Purposes

The registrant of domain names with decent traffic who fail to renew them are proving quite costly for owners and others. more

What Is the Uniform Rapid Suspension System (URS) and What Is It Good For?

The Internet Corporation for Assigned Names and Numbers (ICANN) launched the Uniform Rapid Suspension System (URS) (2013) in anticipation of the marketing of new gTLDs that became available from November 2013. It is one of four new rights protection mechanisms (RPMs) designed to combat cybersquatting. It is not intended for legacy gTLDs, and for new TLDs, it is planned only for that class of dispute colloquially referred to as a "slam dunk." more

Turning the Tide of Online Scams: Interview With Prof. Jorij Abraham, Global Anti-Scam Alliance

Professor Jorij Abraham has been a part of the international eCommerce community since 1997. From 2013 -- 2017, he has been Director of Research & Advise at Thuiswinkel.org (the Dutch Ecommerce Association) and the European Ecommerce Association with 25.000+ members in 20 countries. He is now Managing Director of Global Anti-Scam Alliance, whose mission is to protect consumers from getting scammed. He is also e-commerce professor at the University of Applied Sciences, TIO. more

Lessons Learned from Harvey and Irma

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

Kudos to ccTLD Registries for Taking Measures to Improve Security

When I first wrote about Domain Registry Locking over a year and a half ago, Verisign was the only Registry offering a true Registry Lock Service. Of course, not long after, Neustar announced their Registry Lock Service too. Recently however, a number of ccTLD Registries have also adopted Registry Locking programs... more

Quintessential and Other Acts of Bad Faith in Acquiring Domain Names

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