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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

As DENIC’s CEO Jörg Schweiger Prepares to Step Down, He Speaks About His Time at DENIC

In January Jörg Schweiger, DENIC's CTO from 2007 to 2014 and CEO since 2014, announced he was stepping down from his position in December. It's been quite a ride, and the domain name industry has evolved quite a lot. So we asked Jörg a few questions about his time with DENIC and the changes he's seen... he came up with some insightful views on why he thought new TLDs missed a great opportunity to do something with "innovative new business models," the importance of security to DENIC... more

ICANN Asks U.S. Federal Trade Commission Whether .SUCK is Violating Any Laws

Allen Grogan, ICANN's Chief Contract Compliance Officer, has written a blog post today concerning a formal letter it has received asking the agency to halt the rollout of .SUCKS, a new gTLD operated by Vox Populi Registry Inc. As it stands, a ruling against Vox Populi by ICANN could result in federal prosecution or other legal action, according to ICANN officials. more

Strategic Use of Screenshots from the Wayback Machine

Internet Archive contains a vast library of screenshots of websites that its Wayback Machine captures sporadically over the course of domain names' histories. While it doesn't compile daily images it opens a sufficient window to past use which is unique, invaluable, and free. (There are also subscription services, but they come at a hefty cost!). How it's used (and why the Wayback Machine should be in a party's toolkit) for supporting and opposing claims of cybersquatting is illuminated in a number of recent UDRP cases. 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

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

Can VeriSign Sue You Over SiteFinder?

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

“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

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

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

Unstoppable Domains Receives ICANN Accreditation, Plans to Integrate Blockchain with Traditional Domain Services

This accreditation positions UD as the largest ICANN-accredited registrar in the Web3 space, allowing it to expand its offerings to include a broader range of generic top-level domains (gTLDs) and country code domains (ccTLDs). 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

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

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

Red Cross and Internet Governance with Cause

One of many controversies surrounding the introduction of new domain names is the special protection given, though a moratorium, to the Red Cross and Red Crescent Movement (RCRC) and International Olympic Committee (IOC). Although the RCRC and the IOC are discussed together, they are very different. more