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Paragraph 4(a)(ii) of the Uniform Domain Name Dispute Resolution Policy requires complainants to offer evidence conclusive by itself or sufficient from which to infer that respondents lack rights or legitimate interests in the accused domain names. As I've pointed out in earlier essays (here and here) the standard of proof is low and relies on inference, for good reason; beyond the visual proof and what may be obtainable from on- and offline research, respondents control evidence of their choices. more
In Blogs devoted to news from the domain name industry and domainers, there is great glee in reporting about overreaching trademark owners. The reason for the glee, I think, is that it's a form of collective sigh from domainers and the domain industry that the UDRP is working as it should, which means that Panels are careful in their assessments of parties' rights. more
Come join the discussion on Wednesday 17:15 UTC. Quis custodiet ipsos custodes? As ICANN approaches its 18th birthday, it marks its ascension to adulthood and independence with a new framework of accountability. As we attempt to modernize and empower the organization with oversight of the DNS, the question of "who watches the watchmen?" is on the tip of everyone's tongue. more
For years, the question of exactly when to register a domain name has been one asked by legal departments, as they've sought to formalize their internal processes. If you were to think about it logically, it would make most sense to register it after the trademark had been cleared. After all, why bother to register a domain, if you aren't going to use it to support a product, service or campaign? more
The much-maligned Uniform Rapid Suspension System (URS) is not only failing to catch on -- it's actually starting to fade. Once envisioned as a popular rights-protection mechanism for trademark owners under the new generic top-level domain names (gTLDs), the URS instead is seldom used. In fact, despite the growth in new gTLD registrations, the URS is in decline. more
2015 was a challenging yet exciting year for brand owners. While new gTLDs continue to consume much of the news in the domain industry, there were other notable highlights. Global domain registrations reached nearly 300 million; ICANN had several initiatives in motion that were of particular concern to brand owners; and companies continued to face threats to their brand reputation, revenue and customer trust. Here's my top 5 domain highlights from 2015. more
Facebook-owned Instagram has filed legal proceedings in the US to have a 2011 domain name purchase of 'instagram.com' upheld and block a 'sham' lawsuit in China. more
This week, I had the privilege of presenting at NamesCon on behalf of the Domain Name Association (DNA) -- in my position as Chair of the Board -- to provide an update on our activities and an assessment of our progress as an industry in light of the goals of the DNA. In summary, there is still a long way to go with many challenges to address. Despite this, there is much to be excited about and incredible opportunity for our combined success. Included here is a transcript of my speech. I welcome feedback and comments. more
Once again it is time for CircleID's annual roundup of top ten most popular posts featured during the past year (based on overall readership). Congratulations to all the 2015 participants and best wishes in the new year. more
2015 has been a busy year for the new gTLD industry and 2016 will undoubtedly, be another interesting year. Anticipation of the General Availability for some of the highly contentious TLDs, the development of existing generic Top Level Domains (gTLDs) in terms of registrations, and business proposition with the majority of the first round of applicants reaching delegation by the end of the year. While 2015 had over 7 million new gTLD domain registrations, the top 25 Top Level Domains accounted for almost a half of both registration revenues and volumes highlighting the need for the industry to garner further momentum and fortune. more
One of Rightside's missions is to help registrars, resellers, and domain specialists grow their business. As the domain industry once again convenes at NamesCon, it's important to discuss what we've been doing (what worked, what didn't) and still must do to build global awareness for new domain names. From a technological perspective, I think the tools and services being offered have never been faster, more stable, or secure. What I want to explore is not on the technical side of the business, but on the marketing side, and that's the opportunity presented by complementary domains. more
What's the difference between .local and .here? Or between .onion and .apple? All four of these labels are capable of being represented in the Internet's Domain Name System as a generic Top Level Domains (gTLDs), but only two of these are in fact delegated names. The other two, .local and .onion not only don't exist in the delegated name space, but by virtue of a registration in the IANA's Special Use Domain Name registry, these names cannot exist in the conventional delegated domain name space. more
Much of the domain industry has seen a huge surge in sales of 2, 3 & 4 character sales. More specifically numeric domain sales are ever increasing mostly driven by Chinese buyers. As such domain marketplaces are utilizing and developing stronger connections in China to foster this growth even further while creating awareness for why this is occurring. When talk turns to economic and trade growth, China is never left out of the conversation. This talk extends to the domain market as well. more
Approximately 3.1 million domain names were registered in the third quarter of 2015, bringing the total number of registered domain names close to 299 million worldwide across all top-level domains (TLDs) as of Sept. 30, 2015, according to the latest Domain Name Industry Brief by Verisign. more
If you would like to help guide the future of the Public Interest Registry (PIR), the non-profit operator of the .ORG, .NGO and .ONG domains, the deadline for nominations is MONDAY, NOVEMBER 30, 2015! After reading the information about the PIR Board requirements, you are welcome to nominate either yourself or anyone else using the PIR Nomination Form. Nominations close at 23:00 UTC on November 30, 2015, so don't delay! more
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