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I've writen several blog entries about the continued downward swirling motion of Tralliance, the company that runs the registry for .TRAVEL. In this month's installment, as told in their quarterly 10-Q SEC filing, they flirt with bankruptcy but may well end up more stable than before. One of the more eye-catching paragraphs says... more
Some domainers, having forgone parking revenue to avoid any claims of trademark violation, have then found themselves thrown into legal trouble with trademark claimants because of actions taken by a third party (ISPs and PC manufacturers). In addition to the resulting direct legal cost, the possibility of action by a third party heightens uncertainty and steals management's attention away from its real job. The troubles for the domain name owner start when a surfer who enters in the browser an inactive domain name is redirected to a Web page with advertising instead of getting a page that says there is an input error... more
The essay expands a cooperative solution to third-party use of brands in domain names. Like any approach that depends on cooperation, the solution will require both sides to change behavior but also allow both sides to take credit for the resulting benefits, i.e. a triangular solution. If not immediately addressed, the problem of third-party use can become a major threat to the industry. But we already know one thing: when it comes to this issue, legal action and bullying don't work. more
Sealing the cracks: a proposal to update the anti-cybersquatting regime to combat advertising-based cybersquatting is the title of an article by Christopher Varas in the April issue of the Journal of Intellectual Property Law & Practice. In this article, the author labels "modern cybersquatting" the monetization of domain names through PPC advertisements, and says that brand owners lack effective tools to combat this practice... more
Day two of Domain Pulse 2008 last Friday (see review of day one) focused on online security issues giving the techies amongst us details of security issues, and the more policy-orientated amongst us something to chew on in a few other presentations. Kieren McCarthy, these days of ICANN, also gave some insights into the drawn out sex.com drama with more twists and turns than the average soap opera has in a year! And Randy Bush outlined the problems with IPv6. Among other presentations... more
Around 350 attendees came from Russia in the east to Ireland in the west, as well as a few people from elsewhere around the globe, to attend Domain Pulse 2008 in Vienna on February 21 and 22. Day one's focus was internet governance. The future of the DNS was one of the key issues addressed by Michael Nelson of Georgetown University in Washington DC, with domain names becoming less important, but their numbers still increasing, as online access by a myriad of devices skyrockets connect -- everything from the television, refrigerator, washing machine, pets, sprinkler systems and cars. more
Domain Pulse, the yearly get-together of the German-speaking registries of nic.at (Austria), Denic (Germany) and SWITCH (Switzerland) is happening on February 21 and 22 in Vienna. The conference alternates between the countries -- last year it was Switzerland, this year Austria and next year Germany... Domain Pulse covers everything in the domain name arena from management of the DNS, what's happening in each of the ccTLDs, after market and domaining, security threats to the DNS and internet as well as wider issues affecting the internet's development such as internet governance. more
A new book by David Lindsay, an academic at Monash University's Law School and a widely published expert on internet law, intellectual property law and privacy, has recently been published. ...In this path-breaking work the author examines the extent to which principles of national trade mark law have been used in UDRP decisions. It will be essential reading for anyone, whether academic or practitioner, interested in internet law, intellectual property, and e-commerce law. more
EuroDNS, the Luxembourg registrar, used its well attended New Year party last Wednesday to invite the Minister of Telecoms, Jean-louis Schiltz to talk about a law voted at the end of December 2007. According to the Finance and Budget Commission Report on Draft Law 5801, Revenues generated from use of, or license to use, a Domain Name are exempted from Luxembourg corporate taxes up to 80%. more
Here is a list of the most viewed news and blog postings that were featured on CircleID in 2007. Best wishes for 2008. more
Intellectual property and computer law barrister Peter Dengate-Thrush has been elected as new Chairman of the Board of the Internet Corporation for Assigned Names and Numbers (ICANN). The former chairman of InternetNZ, the country-code top-level domain (ccTLD) registry for New Zealand (.nz), and cofounder of the Association of Asian Pacific ccTLDs, succeeds the legendary Vinton Cerf... more
The following is based on my experience and interpretation of the UDRP and the relevant laws of the United Kingdom and European Union. This is not legal advice but just my own experience and interpretation. How does a UK citizen create a non-commercial trademark.tld parody criticism website and avoid harassment from the trademark holder? Here are the steps... more
As if there weren't enough problems with lawyers sending out improper cease-and-desists, Wired News reports that a Nevada man has pleaded guilty to impersonating a lawyer to extort domain registrants to turn over their domain names. "A Nevada man pleaded guilty Thursday to his plotting to steal domain names from their legitimate owners by impersonating a California intellectual property lawyer and send threatening letters to domain name owners in hopes of convincing them to turn over the domains to him..." more
The Globe and Mail published an embarrassing feature story on the weekend focusing on terror groups' use of the Internet and a "Canadian connection." A story on terror group use of the Internet would have made for an interesting (albeit unoriginal) story, so it appears that the Globe tried to generate greater interest in the story by adding a Canadian connection. The article begins with "Welcome to Yarmouth, Nova Scotia - pivotal battleground in the global jihad."... more
Tucows issued a press release today wherein they announced lower domain name pricing and enhanced services. The bigger change, which might set a trend for other registrars, is the greater transparency of the registry and ICANN fees relative to the fees charged by Tucows... If all registrars were to quote domain name prices in this manner (I had called it "Asterisk Prices" when I had suggested the idea to various registrars last December, for lack of a better term), it would shift the blame to ICANN and the monopoly registry operators (e.g. VeriSign) every time they raised their fees. more
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