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Using Your domain Name in China

At Gandi, we offer over 750 TLD's right now (probably the one with the most coverage in the industry) so we often see changes in policy first hand. One of these changes was the introduction of new laws in China and regulations by the MIIT (China’s Ministry of Industry and Information Technology) in late 2017. We updated our customers on these new regulations to hopefully avoid some confusion, and I'd like to share them here as well. more

“Do’s and Don’ts”: Commenting on New gTLD Applications

regarding the new gTLD applications and, unfortunately, I have been largely disappointed with the substance of most of them. Too many of the earliest comments express concern over the possibility of having more adult-related extensions. Okay, we hear you... Also, with all due respect to the supporters of Dadotart's application, I appreciate the display of loyalty to this particular applicant but if I have to read another comment from an "impassioned supporter" of the .ART application, I will bang my head on my desk. more

The Tempest in the TLD Teapot

At its recent meeting in Seoul ICANN announced with great fanfare that it's getting ever closer to adding lots of new Top Level Domains (TLDs). Despite all the hype, new TLDs will make little difference... I agree with my old friend Lauren Weinstein that this is a tempest in a very expensive teapot, because all of the purported reasons that people want new TLDs have been proven false, and the one actual reason that a new TLD would be valuable has no public benefit. more

Terrorism, New gTLDs, DAG4, and ICANN’s Continued US and Western Centric Bias

Those who have been involved in the ICANN process as long as I have naturally become accustomed to ICANN controversies at all levels. But the latest is a "wrong" of international ramifications. The four (4) versions of the Guidebook for the new generic Top-Level Domains (gTLDs) have been hundreds of pages long with a lot of The Good, The Bad, and to some, The Ugly. However, something new has appeared in the 4th and latest version called DAG4 can be called: "The Disturbing". more

CENTR Publishes the CENTRstats Global TLD Report for Q2 2021

CENTR has published the latest edition of its CENTRstats Global TLD report, a quarterly publication that presents statistics and trends in domain name registrations of European country-code domains and the wider global market. more

Limitations and Laches as Defenses in Domain Name Cybersquatting Claims

UDRP Paragraph 4(c) states as a preamble that "[a]ny of the following circumstances, in particular, but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interest to the domain name for purposes of Paragraph 4(a)(ii)." Three nonexclusive circumstances are listed. more

The Growing Threat of Cybersquatting in the Banking and Finance Sector

The apparent cyber heist of of $81 million from the Bangladesh central bank's U.S. account may cause some people to question the security of online banking. While the online theft prompted SWIFT - a cooperative owned by 3,000 financial institutions around the world -- to make sure banks are following recommended security practices, the incident also could have ramifications for banking customers worldwide. more

Examples of Where ICANN Can Be More Accountable

During the "GNSO Discussion with the CEO" at the recent ICANN meeting in Durban, I stated that ICANN talks a lot about the importance of supporting the public interest, but in reality the organization's first priority is protecting itself and therefore it avoids accountability and works very hard at transferring risks to others. In response to my comments, ICANN CEO Fadi Chehadé asked me to provide him examples of where ICANN can be more accountable. Copied below is my response letter to Chehadé, which provides seven examples. more

Uniform Rapid Suspension Not Appropriate for .com Domain Names

The Internet Commerce Association has been actively involved for the last four years on the ICANN Working Group reviewing the Uniform Rapid Suspension (URS) policy and the Uniform Domain Name Dispute Resolution Policy (UDRP). The Working Group is currently wrapping up its review of the URS. The UDRP will be reviewed in an upcoming second phase. more

Words and Descriptive Phrases as Trademarks Registered as Domain Names

In a trademark context, who owns or controls, or would prevent others, from using words and phrases commonly available to speakers in a language community, is in persistent tension. While common words alone or combined may become protected from infringing uses under trademark law, their protection is contingent on factors such as linguistic choices and strength or weakness of marks in the marketplace. more

Irish Government To Kill IE ccTLD?

While I was in LA last week John sent me details of the Communications Regulation (Amendment) Bill 2007. While there are some potentially positive aspects in the Bill some of the Bill's contents are, for lack of better word, simply crazy... more

Macabre Result Avoided in Mortician Domain Name Case

If a court won't let you use your own name, you might feel like you're a mere ghost of your former self. That happened to Ed Kalis of Broward County, Florida. In a recent case, Florida's court of appeal considered whether a trial court's order against Kalis, enjoining him from using his own last name in various means of advertising and in the URL for his company's website, was proper. The appellate court held that the injunction was overkill. more

Introduction Of A New Domain: The Sweden Way

Network Information Centre Sweden AB (NIC-SE), which is the organization that administers .se domain names, will be introducing a new regime for registration of .se domain names.

Under the new regime, applicants from all over the world will be able to apply for registration of a .se domain name without needing to prove that the desired domain name reflects a company or organization name. There will no longer be preliminary examination of applications for registration of .se domain names nor any restriction on the number of .se domain names per applicant. It will also be possible to register geographical names as .se domain names. However, non-Swedish applicants (those without a permanent business place or address in Sweden) must provide a local contact (i.e. person or entity who is permanently resident in Sweden). more

A Look at Closed vs. Open New gTLDs

The essay analyzes some of the strengths and weaknesses of closed and open new gTLDs. The success of the gTLD to a large degree rests on the successful design and implementation of an effective digital business model. A closed gTLD is one whose owner uses it for exclusive content - for example, the use of .book exclusively for Amazon books. Conversely, if Amazon opens up .book, other book sellers and libraries would be able to set up sub-domains, sites where they controlled content. more

What Due Diligence Satisfies Domain Name Registrant’s Representations (UDRP)?

Not infrequently mark owners in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) claim that respondents should have been aware that the domain names they registered corresponded to their marks; and from this, urge panelists to draw the inference that the registrations were designed to take advantage of their goodwill and reputation. To test this premise, we need to take a step back for a quick look at UDRP provisions. All it takes to acquire a domain name is to sign a registrar’s registration agreement. more