Domain Names

Vulcan Golf v. Google Class Certification Denied

This is a complex lawsuit by trademark owners attacking domaining and the role of the Google AdSense for Domains program in funding domaining activity. When I first blogged on the case in 2007, I wrote: "the lawsuit could effectively fall apart if the judge rejects formation of a class. Trademark class action lawsuits are rare for good reason..." Last week, the court ruled on class certification, and perhaps not surprisingly, the court denied certification -- giving Google and the other defendants an early Christmas gift. more

US Department of Commerce Doesn’t Like ICANN’s New Domain Plan

ICANN's authority to manage top level of the DNS comes from a two-year Joint Project Agreement (JPA) signed with the US Department of Commerce in 1997, since extended seven times, most recently until September 2009. Since the DoC can unilaterally cancel the JPA which would put ICANN out of the DNS business, when DoC speaks, ICANN listens. On Thursday, the US DoC sent a scathing letter to ICANN about the proposed plan to sell large numbers of new top-level domains (TLDs). There's a long list of issues... more

Re-Examining the Domain Name Registry-Registrar Split

ICANN has released to the public a report they commissioned called "Revisiting Vertical Separation of Registries and Registrars," written by CRA International. It is being referred to as the "CRAI Report." Readers in the U.S. and the U.K. may not know it, but most top-level (TLD) domains in the world don't have registrars-you go straight to the registry and buy your domains from the source. more

Judges Grants Stay in Kentucky Domain Seizure Case

A Court of Appeals in Kentucky has granted a motion to delay a forfeiture hearing that will determine the fate of 141 domain names related to online gambling and poker sites. The Interactive Media Entertainment and Gaming Association (iMEGA), an Internet trade association based in Washington, D.C., asked the three-panel appeals courts to grant a stay so that the appeals court could consider iMEGA's petition to have the lower court seizure ruling overturned. more

ICANN: Termination of Registrar EstDomains to Go Ahead

The termination of ICANN-accredited registrar EstDomains is to go ahead, effective 24 November 2008. On 28 October 2008, ICANN sent a notice of termination to EstDomains, Inc. based on an Estonian Court record reflecting the conviction of EstDomains' then president, Vladimir Tsastsin, of credit card fraud, money laundering and document forgery. Pursuant to Section 5.3 of the Registrar Accreditation Agreement (RAA), ICANN may terminate the RAA before its expiration when, "Any officer or director of [a] Registrar is convicted of a felony or of a misdemeanor related to financial activities..." more

Domain Registrar Hide and Seek

In the past year ICANN has been putting a lot more effort into its compliance activities, which is a good thing, since the previous level was, ah, exiguous. That's the good news. The bad news is that while they're paying more attention to misbehaving registrants, the registrars, gatekeepers to the world of domains, have serious issues that ICANN has yet to address. more

In Response to CADNA: Cybersquatting is Not Criminal But a Civil Matter

The Coalition Against Domain Name Abuse (CADNA) recently released a statement that implied that cybersquatting is a criminal activity. It said, "CADNA has been working diligently to further international and national policies that combat the practice of cybersquatting... As brands continue to learn about the prevalence and practice of online criminal activities..." While, Internet Commerce Association (ICA) vigorously opposes cybersquatting, it is important to note that cybersquatting is a civil matter, not a criminal one. There is a good reason that cybersquatting is a civil matter... more

What’s Going on at ICANN in Cairo

Following up on the big decision at the Paris ICANN meeting in June to make new Top-Level Domains available, there's lots of activity at the ICANN conference in Cairo, Egypt this week. A few of the hot topics of discussion that we are following are the applications process for new generic Top-Level Domains (gTLDs), Registry/Registrar Cross Ownership, and restructuring of the ICANN Board. more

Domain Slammers Go Phishing

ICANN introduced a requirement for domain name registrars to send out annual notices to all their customers (registrants) to check the Whois on their domain names to ensure the information is correct. While this seemed fairly reasonable (if cumbersome), the fact is it confuses the heck out of people -- and creates a whole lot of confusion for registrants. But that was a problem we could deal with. Fast-forward to October, 2008... more

ICANN Terminates EstDomains, Seeks Bulk Transfer of Customers

In follow up to reports on ICANN's termination of notorious domain name registrar, EstDomains due to fraudulent activities, the Internet oversight agency is now preparing to transfer domain names of its customers to other registrars... However the question asked by experts is whether any other registrar would have an interest in inheriting EstDomains questionable domain names. more

Did Navigation Catalyst Systems Get Off Easy in Verizon’s $100 Million Plus Lawsuit?

Navigation Catalyst Systems (NCS) has settled the well publicized cybersquatting lawsuit brought against it by Verizon. The terms of the settlement are simple and straight forward, amounting to little more than an agreement by NCS to no longer register domains similar to Verizon's trademarks again. No money was apparently paid by NCS as part of the resolution. more

Russian Minister of Telecom and Mass Communications Talks About Cyrillic Domain Names

Igor Schegolev, the Russian Minister of Telecom and Mass Communications spoke at the opening of the InfoCom 2008 exhibition in Moscow. Among other things, which made news (for example, that the Russian government will be implementing a free and open source based operating system on all computers in the Russian schools), he also made the following remarks - translated by me in English. more

ICANN Released Its Draft for New Top-Level Domains, 45 Day Comment Period Now Open

In follow up to its earlier announcement this year regarding the relaxation of rules for the introduction of new Top-Level Domains, the Internet Corporation for Assigned Names and Numbers (ICANN) yesterday released a draft version of the Applicant Guidebook for those interested in applying for a new generic Top-Level Domain (gTLD). Although application comes with a hefty entry fee of close to $200,000, the development of new gTLD introductions will be of particular interest to trademark owners as well as any other company involved with domain names. Among various issues, the guidebook aims at addressing concerns such as who would qualify for '.apple' or '.amazon' gTLDs. more

Co-Operation to Make the Domain Business More Secure

In order to provide more security for the Domain Name System (DNS), a group of large domain-name registries and registrars has got together with IT security providers and government agencies to launch a new workgroup: the "Registry Internet Safety Group" (RISG). The announcement was made by the Public Internet Registry, which operates the .org domain, and its backend provider Afilias. more

Are Domain Names Recession Proof?

We'll only be able to tell whether domain names are recession proof by waiting for the performance of e-commerce sites during the holiday shopping season. Domain name owners and buyers have to remain in suspense a while longer. Some domainers are experiencing drops in sales and prices. However, it is not clear whether those drops are because of changes in valuations by buyers, sellers, or both. more