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The Uniform Domain Name Dispute Resolution Policy (UDRP) is certainly the most frequently used tool to combat cybersquatting -- but, it is not always an option. Many countries have adopted their own domain name dispute policies -- or none at all -- in lieu of the UDRP. For example, domain names in the United Kingdom's .uk country-code top-level domain (ccTLD) are subject to Nominet's Domain Dispute Resolution Service, which applies a different test... more
The Canadian International Pharmacy Association (CIPA) recently commented on the Competition, Consumer Trust and Consumer Choice Review Team (CCTRT) Draft Report of Recommendations for New gTLDs. In particular, on the primary questions posed: The CCTRT is seeking input on its Draft Report, which assesses whether the introduction or expansion of gTLDs has promoted competition, consumer trust and consumer choice in the DNS... more
I'm lucky enough to spend my working life helping some of the world's largest brands drive their .brand TLD projects. The excitement and the challenges of this space stem largely from the fact that this is a new innovation; and when you're working with something truly groundbreaking, naturally there's an element of "learning as you go." And I'm not afraid to admit, sometimes we get things wrong. more
ICANN's Governmental Advisory Committee (GAC) has reacted to the ICANN Board's November 2016 decision to authorize the release of two-character domains at new gTLDs with advice to the Board that does not have true consensus backing from GAC members and that relates to procedure, not policy. The Board's proper response should be to just say no, stick to its decision and advise the GAC that it will not consider such advice. more
The U.S. is a total hotbed for Startups. Over the course of the last year, venture capital firms invested $69.11 billion in U.S. startups. Now is an exciting time where there is more ingenuity and entrepreneurial efforts than ever before. And of course every entrepreneur's dream is to have a successful idea and "make it". However, a startup's name and its associated digital identity are often not as thought out as they should be. more
Despite the launch of more than 1,200 new gTLDs, .com remains far and away the most popular top-level domain involved in domain name disputes. In 2016, .com domain names represented 66.82 percent of all gTLD disputes at the World Intellectual Property Organization (WIPO), the only domain name dispute provider that publishes real-time statistics. And, as of this writing, the rate is even higher so far in 2017, with .com domain names accounting for 69.78 percent of all disputes. more
While the U.S. Environmental Protection Agency (EPA) has been making news as the result of controversial changes brought about under the new Trump administration -- including the planned removal of "several agency websites containing detailed climate data and scientific information" -- the EPA also has generated some (lesser-known) domain name news: The agency won a decision under the Uniform Domain Name Dispute Resolution Policy (UDRP) for the domain name noattacks.org. more
The internet has changed and evolved ever since it's ancestors first came to life in the late 1960's. Some technology fades away and is forgotten; other aspects continue but are overlaid, like geological sediments, so that they are now longer visible but are still present under the surface. The Domain Name System - both the technology of DNS and the deployed naming hierarchy we all use - are among those aspects of the internet that, although they feel solid and immutable, are slowly changing underneath our feet. more
The Trump administration has criticized China on a number of trade issues in its Foreign Trade Barriers report including cloud computing restrictions, Voice-over-Internet Protocol (VoIP) and Domain Name Rules. more
There is a misconception among some trademark owners and their counsel that passive holding of domain names alone or combined with lack of rights or legitimate interests supports abusive registration. Thus, Respondent's inactive use of the disputed domain name demonstrates bad faith. Respondent also had actual knowledge of Complainant's YOU ASKED FOR IT mark as Complainant has attempted to buy the domain from Respondent... more
In most industries, businesses that blatantly act against the interests of their customers to favor their own internal profit centers would either not be allowed or else subject to controls and oversight by the government. It is universally regarded as an unfair and deceptive business practice. In the domain name registrar business, however, the normal practices of legitimate business dealings and customer protection seem woefully wanting. Kelly's Case described here illustrates the point... more
ICANN's WDPRS system has been defeated. The system is intended to remove or correct fraudulently registered domains, but it does not work anymore. Yesterday I submitted a memo to the leadership of the ICANN At-Large Advisory Committee (ALAC) and the greater At-Large community. The memo concerns the details of a 214-day saga of complaints about a single domain used for trafficking opioids. more
A stack contrast is emerging within the DNS between providers who tolerate blatantly illegal domain use and those who do not. Our study, just published here focuses on five U.S.-based providers, their policies, and their response to reports of opioid traffic within their registry or registrar. There are many providers, not covered here, who removed hundreds of domains selling opioids and I applaud their efforts. more
On 6 March 2017, ICANN's GDD finally responded to an applicant letter written on 14 August 2016 to the ICANN Board. This was not a response from the ICANN Board to the letter from 2016 but a response from ICANN staff. The content of this letter can best be described as a Null Response. It reminded the applicants that the Board had put the names on hold and was still thinking about what to do. more
In a paper for the Washington & Lee Law Review, University of Idaho College of Law Professor Annemarie Bridy, depicts ICANN's ambivalent drift into online content regulation through its contractual facilitation of a "trusted notifier" copyright enforcement program between the Motion Picture Association of America (MPAA) and two registry operators for new gTLDs, Seattle-based Donuts and Abu Dhabi-based Radix. more
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