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The lexicon of domain names consists of letters, words, numbers, dots, and dashes. When the characters correspond in whole (identical) or in part (confusingly similar) to trademarks or service marks and their registrations postdate the first use of marks in commerce registrants become challengeable under the Uniform Domain Name Dispute Resolution Policy (UDRP) as cybersquatters. more
What we call a "backend registry" is the mandatory technical platform to operate a domain name extension and all registries have one. It is the backend registry that allows accredited registrars to technically sell domain names for each top-level domain (TLD). The question here is: what happens to a registry, who sells domain names to accredited registrars when his backend registry solution provider is too expensive? more
I recently served on a panel at the Toronto RightsCon 2018 conference (Making Safe Online Access to Affordable Medication Real: Addressing the UN Human Rights resolution for access to essential medicines), where I represented the perspective of Americans struggling to afford their daily medications and desperate to have safe, affordable Internet access to their prescriptions. more
The Federal Court has penalized two related companies, Domain Corp Pty Ltd and Domain Name Agency Pty Ltd, for tricking Australians out of a total of $2.3 million. more
Well amazingly, it's that time again. Next week, individuals from around the world with a keen interest in Internet policy will head to Panama City, Panama for the second ICANN meeting of the year. As always, Brandsight will be attending to follow all of the important policy work being carried out by the community. Before I head off to the meeting (which based on my research will actually be my 32nd ICANN meeting!), I'd like to share a preview of the major topics slated for discussion. more
The Internet Corporation for Assigned Names and Numbers (ICANN) implemented the Uniform Rapid Suspension System (URS) in 2013 together with three other rights protection mechanisms for trademarks. It "is not intended for use in any proceedings with open questions of fact, but only clear cases of trademark abuse"... It was designed to afford rights holders claiming abusive registration of domain names with new gTLD extensions an even faster route to remedy than the Uniform Domain Name Dispute Resolution Policy (UDRP). more
TLDs such as .men and .loan are listed as some of the most abused domains in the world. Spamhaus says some domain name registrars and resellers knowingly sell high volumes of domains to bad actors for profit, and many registries do not do enough to stop or limit this endless supply of domains. more
Think of trademarks situated on a continuum with famous and well-known at one end and less well-known or unrecognized by average consumers at the other. On one end there is certainty of infringement... at the other end, certainty of having the complaint denied either for lack of proof or overreaching... At some point along the continuum, it becomes uncertain whether respondents registered accused domain names in bad faith, and the question has to be answered by examining the facts. more
Have you ever sold a domain name that was just sitting in your registrar account? Maybe it was for that idea you had, but never found the time to develop. Perhaps it was for a business or website you once ran and then let go by the wayside. Then one day, out of the blue, that dormant domain turned into a winning lottery ticket. You got a random call or email from an interested party and the next thing you know that domain (which you've forgotten why you even renew it each year) is sold for $3,000 or $30,000 or more. more
When a new TLD goes into General Availability or Land Rush, the first few days are filled with registrations that reflect how the market perceives the TLD. Registrants may register domain names to develop or for speculative purposes. Others register to protect their brand. The first major web usage survey for a new TLD is generally a Signs of Life survey where the early stages of development can be detected. These surveys were based on the May 19th, 2018 .APP zone file. more
Last week, several hundred commercial parties involved in the ICANN ecosystem gathered in Vancouver for their annual Global Domains Division (GDD) meeting. Over 600 individuals took part in the meeting which brought together representatives from ICANN's contracted parties. This meeting differs from traditional ICANN meetings as no policy work takes place and discussions are more focused on commercial and operational matters. more
On Friday I was on a surprisingly interesting session at Rightscon 2018 in Toronto about GDPR and WHOIS. The panel consisted of Eleeza Agoopian from ICANN staff; Avri Doria who was recently appointed to the ICANN board; Elliot Noss who runs large registrar Tucows; Stephanie Perrin who has done a lot of privacy work for the Canadian government and as an ICANN volunteer, and me; Milt Mueller, who is now at Georgia Tech, moderated. more
I always geek out a little when I see something ICANN-related breaking out into the real world, like when the bus-stop display has borked, and its LAN is vainly searching for an IP number so it can reboot. Or the ICANN Paris meeting back in 2008 when the board gave the thumbs up to the GNSO policy to launch new gTLDs. One day we were an obscure Californian organisation doing something technical-seeming most people had never heard of, and the next we were working two phones each, giving journalists quotes and information for dozens of front-page news stories around the world. more
GDPR. It's the four-letter "word" everyone is talking about, and there are lots of questions still swirling around the topic. We wanted to provide a summary of where we are and what we believe the next ten days will bring... GDPR enforcement will begin May 25, 2018. After this date, those found in violation of the regulation can be fined up to 4% of annual global turnover or 20 Million Euros, whichever is greater. more
The Council of European National Top level Domain Registries (CENTR) released its global TLD report today, stating that the global TLD market grew 1.4% year over year at the end of first quarter this year. more
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